HomeMy WebLinkAboutFEBRUARY 24, 2004 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZ,EL, Kempsville - District 2
MARGARET L. EURE, Centerville - District I
REBA S, McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, LYllnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
EMAIL:C(Vcncl@vbgov.com
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, MMCA, City Clerk
February 24, 2004
I.
JOINT BRIEFINGS:
CITY COUNCIL and SCHOOL BOARD
- Einstein Lab 1 :00 P.M.
School Administration Building
1. NO CHILD LEFT BEHIND
Diane Jones, Assistant Superintendent for Accountability
2. HEALTHCARE PLAN
Susan Walston, Chief of Staff
Barbara Bailey, Mercer Consulting
II.
CITY APPOINTEE BRIEFING
- Conference Room
3:00 P.M.
1. REAL ESTATE ASSESSOR'S ANNUAL REPORT
J erald Banagan, Real Estate Assessor
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
v.
INFORMAL SESSION
- Conference Room
4:30 P.M.
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber
6:00 P.M.
A. CALL TO ORDER -- Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Richard Keever
Bayside Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION ()F CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
February 3, 2004
2.
INFORMAL AND FORMAL SESSIONS
February 10, 2004
G. MAYOR'S PRESENTATION
1.
RESOLUTION IN RECOGNITION:
Carolyn Brown
"CATCH OF A LIFETIME"
H. AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
J. ORDINANCES
1. Ordinance to .AUTHORIZE a temporary encroachment into a portion of Lake Joyce
by CHARLES W. MOORE to construct and maintain a bulkhead and pier at 4433
Blackbeard Road.
(DISTRICT 4 - BA YSIDE)
2. Ordinance to AUTHORIZE acquisition of property in fee simple for extension of Elson
Green A venue and intersection improvements at Princess Anne Road re an elementary
school and temporary and permanent easements, either by agreement or condemnation.
3. Ordinance to AUTHORIZE the acquisition of two (2) parcels of real property (18.04
acres) at Providence Road and Reon Drive for $3,650,000 (Parcel A @ $3,300,000 &
Parcel B @ $350,000) from ROLAND E. and EVELYN B. HARGROVE and the
ELLWOOD L. SAHR FAMILY TRUST.
4. Ordinance to APPROPRIATE $367,800 from the federal revenue maximization
initiative to the Department of Social Services' FY operating budget re providing
human services programs approved by the Community Policy and Management Team
( CPMT).
5. Ordinance to ACCEPT and APPROPRIATE $11,500 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2003-2004 operating budget
re training and equipping one hundred (100) new Volunteers for the Community
Emergency Response Team (CERT).
6. Ordinance to ,AUTHORIZE the City Manager to execute an agreement between the City
and the Virginia Housing Development Authority (VHDA) to participate in the SP ARC
(Sponsoring Partnerships and Revitalizing Communities) home ownership program.
7. Ordinance GRANTING the Virginia Beach School Board a Nonexclusive License
(dated February 24, 2004) to construct, maintain and operate fiber optic cable facilities
on the public rights-of-way.
K. RESOLUTIONS
1. Resolution to APPOINT Jennifer V. Huelsberg to the position of Assistant City
Attorney, effective March 1, 2004.
2. Resolution to AMEND and READOPT Interim Guidelines governing applications for
land use development in Air Installations Compatible Use Zones (AICUZ).
L. PLANNING
1. Application ofDA VID W. and MICHELE N. COUCH for the discontinuance. closure
and abandonment of a portion of Cape Henry Drive to incorporate this property into
their residential lot at Sand Pine Drive.
(DISTRICT 5 -- L YNNHA VEN)
Recommendation:
APPROV AL
2. Application of VIRGINIA BEACH TRAVEL SOCCER, INC., a Virginia
Corporation T / A BEACH FC for a Conditional Use Permit for a recreational facility of
an outdoor nature (soccer fields) at Shipps Comer and Holland Roads.
(DISTRICT 6 - BEACH)
Recommendation:
APPROV AL
3. Application of ENTERPRISE RENT-A-CAR for a ConditionallJse Permit for motor
vehicle rental at 1650 General Booth Boulevard.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROV AL
4. Applications of ASHVILLE PARK, L.L.C. re Flanagan's Lane at Princess Anne Road
to construct single family dwellings in five (5) "villages":
(DISTRICT 7 - PRINCESS ANNE)
a. The discontinuance. closure and abandonment of a portion of Flanagan's Lane
b. Petition for a Variance to S 4.4 (b) of the Subdivision Ordinance that requires all
newly created lots meet all the requirements of the City Zoning Ordinance
(CZO) at the intersection of Sandbridge Road
c. Change of Zoningfrom AG-1 and AG-2 Agricultural Districts to Conditional
PD-H2 Planned Unit Development District (R-30 and P-1)
Deferred:
Reconlmendation:
DECEMBER 9, 2003
APPROV AL
5. Applications of ALCAR, L.L.C. at Nimmo Parkway and Rockingchair Lane:
a. Change of Zoning District Classificationfrom AG-1 and AG-2 Agricultural
Districts to Conditional R-1 0 Residential District
b. Conditional Use Permit for Open Space
Recommendation:
DECEMBER 9, 2003
OCTOBER 28, 2003
APPROV AL
Deferred:
6. Applications of KENNETH A. HALL to expand their property at 3500 Holland Road:
(DISTRICT 3 - ROSE HALL)
a. Change of Zoning District Classificationfrom 1-1 Light Industrial District to B-2
Community Business District
b. Conditional Use Permit for motor vehicle sales and service
Recommendation:
APPROV AL
7. Application of MPW/LKW, L.L.C. for a Change of Zoning District Classificationfrom
R -10 Residential District to Conditional 0-1 Office District at 2005 Pleasure House
Road.
(DISTRICT 4 - BA YSIDE)
Recommendation:
APPRO V AL
8. Application of JOHN S. WALLER, F.L.P. for a Change of Zoning District
Classificationfrom 0-2 Office District and R-5D Residential Duplex District to
Conditional 1-1 Light Industrial District at Oceana and Virginia Beach Boulevards.
(DISTRICT 6 - BEACH)
Recommendation:
APPRO V AL
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - (a)Plumbing/Mechanical
(b )Building Maintance
COMMUNITY POLICY and MANAGEMENT TEAM-CSA AT-RISK YOUTH
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE-HREDA
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
MINIORITY BUSINESS COUNCIL
OPEN SPACE COMMITTEE
PARKS and RECREATION COMMISSION
PLANNING COUNCIL
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. ABSTRACT OF VOTES
DEMOCRATIC PRESIDENTIAL PRIMARY February 10,2004
P. ADJOURNMENT
***************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
**************
Agenda 02/24/04\sb
www.vbgov.com
"f
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 February 2004
Mayor Meyera E. Oberndorf called to order the JOINT BRIEFINGS for CITY COUNCIL and the
SCHOOL BOARD re NO CHILD LEFT BEHIND in the Einstein Lab. School Administration Building,
on Tuesday, February 24,2004, at 1:00 P.M.
Council Members Present:
Margaret L. Eure, Reba S. McClanan, Richard A. Maddox, Mayor
Meyera E. Oberndorf, Peter W Schmidt Rosemary Wilson and James
L. Wood
Council Members Absent:
Harry E. Diezel
Vice Mayor Louis R. Jones
Jim Reeve
Ron A. Villanueva
[Out of Cityl
[Ill- Sinus Infection)
[Entered: 1:20 P.M.]
[Entered: 1: 15 P.M.]
School Board Members Present:
Emma L. Davis, Chairman Daniel D. Edwards and Michael W
Stewart, and
School Board Members Absent:
Jane S. Brooks
A. James DeBellis
Dan R. Lowe
Vice Chairman Neil L. Rose
Sandra Smith-Jones
Arthur T Tate
Carolyn D. ~Veems,
Dr. Lois S. Williams
[Entered: 1 :45 P.M.]
[Entered: 2:00 P.M.]
[Entered: 2:00 P.M.]
[Entered: 1 :50 P.M.]
[Entered: 3:00 P.M.]
[Entered: 2:25 P.M.]
[Entered: 2:25 P.M.]
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
1:00 P.M.
ITEM # 52250
Dr. Timothy R. Jenney, Superintendent Virginia Beach Schools, advised the "No Child Left Behind Act of
2001" has the most sweeping reform in legislation relative public education adopted in decades. The far
reaching potential consequences are both positive and theoretically detrimental. This certain(v has impact
on the entire educational and financial environment. Dr. Jenney introduced Diane Jones, Assistant
Superintendent for Accountability, the representative for assimilating, processing and ultimately
implementing the information regarding "No Child Left Behind Act of2001". Dr. Jenney advised the fairly
extensive Staff Steering Committee resultingfrom this Act, ultimately manifests the Policy which the School
Board considers.
Diane Jones, Assistant Superintendent for Accountability, advised on February 8, 2002, President Bush
signed the "No Child Left Behind" Reauthorization of the Elementary and Secondary Education Act. Public
Law 1 07-11 0 encompasses ten (1) federal entitlements including Title I (the federal government flagship
program for disadvantaged students.) This Law is the most significant legislation and involvement in
education in the past thirty (30) years. No Child Left Behind (NCLB) has established requirements already
reaching into every classroom in the United States.
NCLB PRESENTATION
Provide Overview of Purpose and Goals
Explain Most Significant Requirements
Present Components of NCLB Accountability System including A YP
and Sanctions
IdentifY Impact and Status in Virginia Beach
Name Funding Sources
Address Differences in Virginia Accreditation and NCLB
Accountability
The law applies to every State and every School Division that receives entitlement funds. The Law allows
each State to design its own system of accountability to fulfill the requirements. As a result. there are fifty
(50) forms, plans and state implementations for "No Child Left Behind ". Mrs. Jones cited the purpose of
the NCLB Act:
"To close the achievement gap with accountability. flexibility and
choice, so that "no child is left behind"
February 24,2004
",,,,,,...,,~-,,;--+.....--.~---...-.~,._,.
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
Overarching Goals
Intent of the Law
At a minimum, all students attain projiciency in reading and
mathematics by 2013-2014
Limited English Projicient Students become projicient in English
Instructional personnel in classrooms are highly qualified.
All students graduate from high schools
Learning environments are safe, drug free and conducive to learning
Major Themes
Student Assessment & Academic Progress
Accountability and Reporting
Public School Choice
Supplemental Services
Teacher and Paraprofessional Quality
Limited English Speaking Students
Safe, Disciplined and Drug-Free School
Miscellaneous Provisions and Responsibilities
Constitutionally Protected Prayer
Access to School Facilities and Students
Homeless Students
Other Provisions
Assessment Requirements
By 2005-2006, annual testing of students in Reading and Mathematics
in grades 3-8 and at least once in grades 10-12
By 2007-2008, testing in Science at least once in grades 3-5, 6-9 and
10-12
Starting 2002-2003, National Assessment of Educational Progress
(NAEP) testing biennially in Reading and Mathematics
February 24, 2004
, --.-... ....-.....
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JOINT BRIEFING
C1TY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
Currently Virginia Beach is meeting the NAEP mandate and participates based on State sampling, usually
in Grades 4, 8 and 11. Currently, Virginia SOL testing already meets the No Child Left Behind requirement
for the Science assessment. However, Virginia does not currently meet the requirement for testing annually
in all Grades 3 thru 8 for Math and Reading. To meet this requirement, Virginia will again begin field testing
new Reading and Math SOL tests in grades 4, 6 and 7. Beginning in the 05-06 School Year, there will be
annual testing in all grades 3-8 for Math and for Reading. Each state decided their own program. In
Virginia, the SOL tests are those utilized for computing adequate yearly progress (A YP). The existing
Reading and Math tests are being revised at all the lower grade levels. The test content will now be grade
specific rather than cumulative. For example, the 5th grade test is cumulative to that point.
Accountability for Student Achievement
Set targets for student achievement - math and reading - "Measurable
Objectives JJ
Measure student progress annually
Identify schools, divisions and states not meeting the annual targets
Apply sanctions and rewards to old schools and divisions accountable
for reaching the targets
In addition to the annual targets for Reading and Math, the law also requires a third target or measurable
objective:
Graduation Rate
Attendance Rate
High Schools
Elementary & Middle
Virginia decided to utilize student attendance for the fourth measure, individual schools, school divisions
and the state as a whole must meet these annual targets for the four (4) areas: Reading, A1ath, Graduation
and Attendance. This is referred to as making adequate yearly progress (A YP). The law requires each state
establish its baseline and then set annual objectives and intermediate goals for every two or three years so
that by the year 2013-14, the state has to show projections of 1 00% projiciency. Mrs. Jones referenced the
charts depicting Annual Measurable Objectives. The targets for this year are:
Reading/Language Arts
Mathematics
Graduation Rate
Attendance
61%
59%
57% **
94%
* *Only determined for five (5) years as there is a new formula to determine this rate.
The most significant piece relative accountability for No Child Left Behind andfor making the Adequate
Yearly Progress is understanding the concept of subgroups.
February 24,2004
,"-""'" ,'-'""""'"
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
Adequate Yearly Progress (AYP)
Subgroups
Applies to all students and to all subgroups of students in every school
division and state
Students with Disabilities
Limited English Proficiency
Economically Disadvantaged
Major Racial/Ethnic Groups
Caucasian
Black
Hispanic *
*In Virginia Beach, the Asian population is larger than the Hispanic students.
In order to meet adequately yearly progress, besides meeting the achievement goals, there must also be a
95% participation rate on the Reading and Math tests for all students eligible and for all the subgroups. This
participation rate is creating more problems than the passing rate. The participation rates for disabilities
and for Limited English Proficiency (LEP) students are creating some issues for meeting the 95%
participation rate. If the school division misses even one of the twenty-nine (29) to thirty-five (35) targets
required for A YP. the City does not make adequate yearly progress (A YP)
Last year, 76% of the City's schools made AYP, which was 17% higher than the State average of 59%. Of
the twenty (20) schools which did not make A YP, the majority did not comply because of only one or two of
the twenty-nine (29) to thirty-five (35) targets. Only two (2) of the sixteen (16) Title I Schools did not make
A YP. As a school division, Virginia Beach did not make A YP, as two (2) of the targets were missed:
participation for LEP students. The State allows LEP students to be exempt from the SOL tests. The City
did not have, as a School division, the 95% participationfor LEP students in the Math or the Reading tests.
Last year, only twenty-one (21) of the thirty-two (32) School divisions in the State of Virginia made AYP. Of
these 21, the majority are small School divisions and thus had small populations of the subgroups.
Rewards and Sanctions
Academic rewards may be given if A YP Targets are exceeded or
achievement gaps closed
Sanctions are applied to schools not making A YP for two (2)
consecutive years in the same subject area
February 24, 2004
.....'....--....-.-.--.---r---.-.'.... ......,.
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
Sanctions
Non- Title I Schools
First Year in School Improvement
Required to ana~vze data
Required to develop or revise a school improvement plan
Subsequent years
Continued improvement plan
Corrective actions implemented by division; may be
state mandated
No sanctions in Virginia Beach this year
Sanctions will be applied, beginning this September, to any of our
non- Title I schools who did not make A YP last year and do not make
it again this year in the same subject area
Sanction will be an Improvement Plan
Details not yet available
Sanctions - Division
After 2 years being identified for improvement
Revise Title I plan
Add improvement actions
After 2 years of improvement status
Defer programmatic funds or reduce administrative funds,
Institute and ful~y implement a new curriculum,' or
Authorize students to transfer from a school operated
by the division to a higher performing public school operated
by another division with transportation, and
Modifiy school division boundaries to restructure or abolish the
division (if allowed by law)
The two (2) Title I schools which did not make A YP were Parkway and College Park. If either school does
not make A YP this Spring, then both of these schools would open next September with school choice. After
the third year of not making A YP, the school must continue to offer school choice and must add the
availability of supplemental educational services. After four years, the school goes into corrective actions
requiring external consultants. In the sixth and seventh year, the restructuring of the school is mandated,
including consideration of replacing the entire staff. Virginia Beach has sixteen (16) Title I schools. If the
school makes A YP for two (2) consecutive years, the school is no longer subject to improvement.
February 24, 2004
r
- 7 -
JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
School Choice
School Choice applies only to Title I schools, which do not make A YP
Parents must be given more than one choice
School division decides which schools to make available for choice;
geographic clusters are possible
Transportation must be funded by the division using up to 20% of its
Title I, Part A funds
Priority in choice must go to lowest achieving students from lowest
income families
School Board must adopt a School Choice Policy
Once transferred, a student may remain throughout elementary school
regardless of home school status
The Law refers highly qualified teachers in core academic subjects: English, Reading or Language Arts,
Mathematics, Science, Foreign Language, Civics, Government, Economics, Arts, History and Geography.
Federal Definition of Highly Qualified:
Full state certification as a teacher (state license & appropriate
endorsements)
No cert~fication, licensure waived on an emergency, temporary or
provisional basis
Demonstrates subject area competence in each subject taught
Title I Programs:
All new teachers hired after the start of the 2002-2003 school
year in programs supported by Title I, Part A funds must be
"highly qualified. "
All Schools:
All teachers of core academic subjects in all schools must be
"highly qualified" by the end of the 2005-2006 school year.
February 24,2004
-"--_._---'_._-'----;--.~-'-'., "'
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
The Goal for highly qualified teachers is 100% by 2005-2006. This year's target will be 85?1J of teachers are
highly qualified. On February 25,2004, the Virginia Department of Education is expected to pass the Highly
Objective Uniform State Standard of Evaluation (HOUSSE). If a school division can identify overall criteria
and apply to every teacher, and a teacher could meet the criteria, the teacher could be certified as competent
in their subject (even if the teacher had not taken a rigorous test).
Paraprofessionals
Title I Schools "Teacher Assistants"
Requirement applies only to Title I schools
Any paraprofessional hired since January 8, 2002, in a Title I school
wide program has to be "highly qualified. " (New hires)
Any paraprofessional hired after January 8, 2002, whose salary is paid
by Title I funds (Targeted Assistance schools) must be "highly
qualified. " (New hires)
All existing Paraprofessionals in school wide Title I programs or paid by Title Ifuns in targeted assistance
schools must be "highly qualified" by January 2006.
Paraprofessionals
Highly Qualified Definition - Title I
High school diploma or equivalent
Two years of higher education
Associate's or higher degree
Pass a formal assessment of knowledge and ability to assist in
instructing Reading, Writing and Mathematics
A plan was developed and implemented last year to assist Teacher Assistants to become highly qualified. A
ParaPro competency test was offered with a 92% passing rate. Virginia Beach City Public Schools is also
providing college tuition reimbursement. Sixty-two percent (62%) of all Paraprofessionals in Title I schools
are highly qualified as of January 1, 2004.
Limited English Speaking Students (LEP) Requirements
Administer annual assessment of English proficiency
Participate in annual state Reading and Math assessments
SOL exemptions - no longer permitted
Meet state o~iectives for attainment of English proficiency
February 24,2004
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
For the School Year 2003-2004, 20% of the LEP students must show progress in acquiring English
Language proficiency with 10% attaining English Language proficiency. Currently Virginia Beach has
1,027 LEP students.
Safe, Disciplined, Drug Free Schools
Local school divisions must ensure that schools have:
Appropriate and effective school discipline policies related to
disorderly conduct, weapons, tobacco, alcohol and other drugs
Security at school and on the way to or from school
A crisis management plan for responding to violent or traumatic
incidents on school grounds
Code of Conduct for students and teacher responsibilities In
maintaining safe and disciplined classroom environment
No schools in Virginia Beach are identified as persistently dangerous.
"No Child Left Behind" requires an Annual School Report Card publication in the Fallfor all parents and
the general public at three levels: State, School Division and School. The Data elements of this report
include:
Student achievement results and participation rates disaggregated by
subgroups
Graduation and attendance rates
State and division comparative data with A YP targets
Trend data
School improvement and safe school status
Teacher qualifications and percentage of classes taught by highly
qualified teachers, etc
Since 1997, Virginia Beach has published its own local school performance report card. Thisyear, the report
card was redesigned to provide more information to parents relative their child's school. These will be
mailed to all parents on March Third.
Additional requirements of the NCLB provisions address issues such as: parental involvement, Boy Scouts
of America and Military Recruiters, participation of children in private schools, survey and research
requirements, including parental consent, school prayer, educating homeless and migrant students,
technology and annual notifications to parents of information, and physical screenings.
February 24,2004
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
NO CHILD LEFT BEHIND
ITEM # 52250 (Continued)
NCLB Funding
Entitlement Programs
Increased Flexibility for using funds
Funding debate is loud and political
In 2003-2004, approximately $13.7-MILLION in entitlement funds has been received. Virginia Beach
decides each year how to utilize the Title I funds. Last Fall, Dr. Jenney established a "No Child Left
Behind" Steering Committee, which identified approximately 200 tasks the school division needed to
complete in order to comply with the law. The Steering Committee has provided the leadership for
implementation. For most requirements, implementation is now underway and leadership is shifting from
the Steering Committee to the appropriate departments. There have been communication initiatives with an
e-mail addressforstaffandpublictoaskquestions:nclb@vhcTJs.kI2.va.us
Last year, the one high school which did not makefull accreditation made adequate yearly progress (A YP).
Conversely, seventeen (17) schools making full accreditation did not make A YP. These two ratings raise
questions. The focus is on school improvement. The Virginia General Assembly just passed a Resolution
stating its desire re Virginia being allowed to use its accountability program for school accreditation to meet
the "No Child Left Behind" requirement. Although, the Legislators recognize this, the Resolution appears
to have fallen on deaf ears in ft;'ashington. The State of Virginia determines the awards for accreditation
which are recognition at the State Level. There are no financial awards nor awards built into "No Child Left
Behind"
Mrs. Jones advised everyone is struggling with the phases of the mandate. Last Summer, the United States
Department of Education allowed a one year waiver for disabled students. There were 900 disabled students
able to be counted as passing. The political climate in Washington will affect the "No Child Left Behind"
as to whether or not it becomes more manageable. State wide only, approximately 13% of the school
divisions made adequate yearly progress. The percentages for graduation in Virginia Beach are in the 70's.
The new formula will give more credence to transfers and will be able to track the students and, therefore,
not be counted as withdrawals. At the present time, if the students cannot be located, the withdrawals count
against the graduation rate. A State pilot program in the Spring provides every student with a State
Identification.
The number and percentages of Limited English Speaking (LEP) students in Virginia Beach shall be
provided. The Sister Cities in Hampton Roads contact Virginia Beach frequently concerning this new
mandate. Everyone is struggling with data.
At the present time, a cost concerning implementation of the "No Child Left Behind", has not been
determined. The Department of Education has requested school divisions attempt, by the end of this school
year, to develop an approximate cost of the program. Utah passed a law stating no school division or
locality may expend any state or local funds for anything having to do with "No Child Left Behind", Utah
will spend exactly what they receive and no more.
Daniel Edwards, Chairman - Virginia Beach School Board, advised as an example of the impact of "No
Child Left Behind", a Data Technician, (new full time position), will have to be added in each of the
Elementary Schools. The School Board will continue to communicate with the City Council relative this
issue. Dr. Edwards requested City Council e-mail any additional questions, and re,"'ponses will be provided
expeditious ly.
February 24,2004
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
2:25 P.M.
ITEM # 52251
Mayor Meyera E. Oberndorf called to order the JOINT BRIEFINGS CITY COUNCIL AND SCHOOL
BOARD re HEALTH CARE PLAN in the Einstein Lab, School Administration Building, on Tuesday,
February 24, 2004, at 2:25 P.Al.
Council Members Present:
Margaret L. Eure, Reba S. McClanan, Richard A. Maddox, Mayor
Meyera E. Oberndorf, Jim Reeve. Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Harry E. Diezel
[Out of City]
Vice Mayor Louis R. Jones
[111- Sinus Infection)
School Board Members Present:
Jane S. Brooks, Emma L. Davis, A. James DeBellis, Chairman Daniel
D. Edwards, Dan R. Lowe, Vice Chairman Neil L. Rose. Michael W
Stewart, Arthur T. Tate and Carolyn D. Weems,
School Board Members Absent:
Sandra Smith-Jones
[Entered: 3:00 PM.}
Dr. Lois S. Williams
February 24,2004
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JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
ITEM # 52251 (Continued)
Susan Walston, Chief of Staff, introduced Barbara Bailey, Health Care Consulting Practice Team Leader-
Mercer Consulting, to detail information relative the Health Care and plans for the future.
Barbara Bailey referenced the current state of the Virginia Beach City and School employees Health Care
Plans.
Currently, City and School employees are offered a choice of three (3)
plan types: l-lealth Maintenance Organization (HMO), Preferred
Provider Organization (PPO) and Catastrophic
All heath plans offered include Sentara networks and are administered
by Sentara *
Health care plans are self-funded by the City and Schools
As of January 2004, current enrollment is 13,423 employees
Approximate range of expected total health care costsfor 2004 = $65 -
$75 MILLION
Employees will contribute approximately $15-MILLION in payroll
deductions
Virginia Beach City and Schools share of total costs projected to be
between $50-$60-MILLION.
*Includes not only Sentara providers, but providers in Richmond MCV, Bon Secours and other facilities that
are not Sentara doctors.
Self-funding
Actual cost equals:
Actual health care service costs
plus administration fees
plus stop-loss premiums
Actual health care service costs reflect the negotiated fee with
providers (hospitals, physicians, labs, pharmacies, etc.) who agree to
accept all patients in that carrier's health plan
Administration fees cover: member and customer senJices, claims
processing, provider contract negotiation and credentialing, reports,
ID cards, etc. and profit to third party administrator
Stop-loss premiums cover cost of insurance protection against large
claims, i. e. $200,000 per individual per year.
February 24,2004
...,--'---.----.'---r--.-.'-.-.. ..
."....~-_.,..__.."'.-..,....__.._.. ... "''',
- 13 -
JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
ITEM # 52251 (Continued)
Rationale for Self-funding
Lower administrative costs
No carrier risk charges (approximately 2-5%)
No profit margin in rating (approximately 2-10%)
No premium taxes (3-4%)
Flexibility in plan design, no state mandated benefits
Establish own rates and contributions, not set by carrier
Better reporting and financial information available, direct access to data
Able to carve out portions to speciality vendors
Receive investment income earned by the fund on trust assets
Vigilance required when Self-Funded
Actual cost of claims are not predictable,' there may be wide swings in
month~y costs and cash flow
Total costs may exceed premiums
Employer's cost is unknown up-front as cost equals:
Actual health care service costs 89.9%
plus administration fees 4. 7%
plus stop--Ioss premiums 5.4%
minus employee contributions
Requires more financial management and oversight as well as
adherence to legal guidelines, e.g. IRS pre-tax requirements
What is choice in Health Care?
Choice of Health Care provider
What PCP, hospital, specialist can I use?
Can I go out of network and still have some coverage?
Choice of health plan type
HMO (no out-of-network coverage)
PPO (coinsurance and deductibles with reduced out-of-network coverage)
Other includes Point of Service, Indemnity, Consumer Directed
Choice of Health Care Carrier
One, two or more carriers with different or same plan designs
February 24, 2004
- 14 -
JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
ITEM # 52251 (Continued)
Choice of Coverage Level
What is employee co-pay, deductible or coinsurance at time of
service?
Lower benefit levels (which include higher coinsurance, deductibles
and co-pays) to lower monthly payroll deductions for employees
Dependent tiers
Single; employee + dependent(s)
Single; employee + 1,' employee + 2 or more
Single; employee plus spouse, employee plus child or children, family
Some choice is goodfor employees to select between plan types (HMO, PPO, Catastrophic) that better meet
their needs. Choice causes employees to think about what coverage they need and involves active
participation in selecting which plan type increases value to them. Choice needs to be designed and managed
carefully. Choice between similar plan types (e.g. Multiple HMOs) rather than different plan types (HMO,
PPO, Catastrophic) can lead to increased risk.
Sole Carrier
Competitive bid conducted by Mercer in 2002 for Plan Year 2003
Bids requested for then-current dual carrier or sole carrier
Criteria for selection:
Provider network size, quality
Plan design flexibility
Quality service
Provider discounts
Administrative fees
Reporting capabilities
Care management and partnering strength
Bidders included four (4) managed care companies
Ms. Bailey advised the Summary results: Minimal difference in size and quality between carriers' networks.
Sentara proposed greater overall provider discounts, weighted for Virginia Beach City and School claims,
approximately 4-7%cost avoidance - i.e. $2-MILLION. Sentara quoted loweradministrativefees. Partnering
and care management were outstanding in Sentara 's presentation. Sole carrier with Sentara, offering both
HMO and PPO was the best overall proposal. There was minimal disruption with significant cost avoidance
over dual carrier offering or sole carrier with another carrier. The contract entailed one year (2003) with
four (4) one-year renewal options. The cities of Newport News, Norfolk and Suffolk; Chesapeake, Norfolk
and Suffolk Public Schools all offer sole carrier.
February 24,2004
---r--""-' "
- 15 -
JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
ITEM # 52251 (Continued)
The accumulated projected cost avoidance in 2003 equates to $1.2-MILLION based on 2003 enrollment.
When is it Time to Re-bid?
Significant network changes for incumbent carriers
Provider re-contracting resulting in discount changes
Poor quality service
Lack of reporting, flexibility, partnering, care management
Concern over stability or viability of carrier
Other issues to consider
Cost (>$70,000 in 2002)
Time (takes 7-8 months to complete process)
Administrative issues in connection with changing carriers
Frequent bidding results in lack of bidders
No change in potential respondents
Other area competitor plans
Action Plan
Watch health care costs and trends closely e.g. member groups,
utilization rates, etc.
Evaluate market changes e.g. provider contracts, new managed care
players, service levels, etc.
Consider introducing consumerism into health care plans -
coinsurance, tiered networks or benefits, health Savings Accounts, etc.
Survey employees for satisfaction and needs assessment
Share cost information with employees to increase understanding of
the Plan
Confirm to inform and seek input from Employee Insurance Input
Committee
Introduce more wellness, care and condition management focused on
Virginia Beach City and School members' conditions and cost drivers
Evaluate need to issue Request for Proposal (RFP), when indicators
warrant. prior to end of contract renewal options
Provide City Council and School Board annual report and plan for
upcoming year.
February 24, 2004
.. 16 -
JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
ITEM # 52251 (Continued)
Ms. Bailey advised the program for the Retirees offered has been the same program today; however, because
the HMO service area is primarily for Sentara in this vicinity (up to Charlottesville and Washington, D. C.),
most of the retirees who live out of the area utilize the PPO plan which has a national network of providers.
Ms. Bailey advised one of the issues being addressed since the 2003 effective date is relative adding
optometrist and optomolgists. Councilman Wood expressed concern relative the sub contracts such as J. C.
Penny's and Sears versus the small private practice. There are two (2) PPO plans, one which has no
deductible in the network, for an office visit or hospital and surgery. However, the other PPO plan has a
$1,000 deductible. Council Lady Eure's concern involved an out-of-network plan. Council Lady Eure
requested the quarterly updates of the providers be distributed in a manner other than electronically because
many citizens do not utilize the Internet. Concern was also expressed relative clarity of the referral system.
Council Lady Wilson requested information concerning current health insurance providers and costs in
surrounding localities.
Council Lady McClanan requested more specific information rather than percentages denoted in the Health
Care Plan relative the research oriented hospitals for employees with severe illnesses, Ms. Bailey advised,
with the HMO, if a certain procedure is required which can be performed in Sentara 's network, then Sentara
would not agree to have the procedure performed out-of-network. However, Sentara has agreed to send
certain cases to John Hopkins and Duke for certain procedures which they cannot perform in their network.
There have been situations also where procedures have been performed at the University of Virginia.
Victoria Lewis, Chief Financial Officer.. Virginia Beach City Schools, advised all City and School employees
are on the same health care policy. The $500 physicals are not part of the Virginia Beach City and Schools
Health Plan. This is a benefit the City offers to its Administrators. The City does not plan on soliciting any
Request for Proposals (RFP) for the 2004-05 Plan Year. The experience with Sentara as a sole carrier has
been very responsive to add people to the network and the concerns of vision care. The last RFP, which
Mercer assisted and designed, resulted in the sole carrier and required much more quantitative information
to assist in making decisions than previous RFP's. Until 1999, health insurance was not processed through
the procurement process.
Councilman Villanueva requested more description information regarding the Doctors i.e. experience,
infractions be included in the Directory. Ms. Bailey advised Councilman Villanueva there would be more
information available from the carriers over the next twelve (12) to eighteen (18) months. Afore data is being
collected relative providers, more information on the hospitals atfirst rather than the actual physicians. This
information in the form of report cards will be available on-line.
School Board Vice Chairman Neil L. Rose was advised relative the current enrollment of 13,423 employees,
approximately 8800 are school employees. Vice Chairman Rose was advised Sentara is obligated to
distribute the Provider Directory once a year. The cost to distribute additional Directories would add to
the administrative fee.
February 24,2004
- 17 -
JOINT BRIEFING
CITY COUNCIL AND SCHOOL BOARD
HEALTH CARE PLAN
ITEM # 52251 (Continued)
School Board Member Michael W Stewart referenced Page 11, concerning the Choice needed to be designed
and managed carefully, if the employees are choosing different HMO's and P PO's, does this turn into dollar
savings for the user? Ms. Bailey advised, unfortunately, many times the savings are not shown relative
purchase of medications. On some of the prescriptions, the discount will be shown, the negotiated fee and
the differences in the savings. The Catastrophic Plan has a drug card that pays a co-insurance on the
prescription. Mr. Stewart asked if the older employee has other choices.
Ms. Lewis advised a different type of benefit cannot be offered to an older employee, as this is considered
age discrimination. Incentives could be developed for the older population who are at risk to participate in
certain activities such as diabetes control. They may offer incentives such as reducing premiums.
Mr. Stewart advised the providers need to educate their users as they transcend to a different realm.
Copies of the School Board's questions re health care shall be provided to City Council as the Members of
City Council had to depart and conduct their Briefings at City Hall.
February 24,2004
,..,.-~.._.. ~ .
- 18-
CITY APPOINTEE BRIEFING
REAL ESTATE ASSESSORS ANNUAL REPORT
4:00 P.M.
ITEM # 52252
Mayor Meyera E. Oberndorf called to order the CITY APPOINTEE BRIEFING re REAL ASSESSOR'S
ANNUAL REPORT in the City Council Conference Room, City Hall, on on Tuesday, February 24, 2004,
at 4:00 P.M.
Mayor Oberndor:f introduced Charles W. Meyer, Chief Operations Officer, serving in the City Manager's
stead. The City Manager is out of the City on vacation.
Council Members Present:
Margaret 1. Eure, Reba S. McClanan, Richard A. Maddox, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Absent:
Harry E. Diezel
[Out ofCityf
Vice Mayor Louis R. Jones
[Ill - Sinus Infection)
February 24, 2004
'--"1'---"-
- 19-
CITY APPOINTEE BRIEFING
REAL ESTATE ASSESSORS ANNUAL REPORT
ITEM # 52252
On Monday, March 1, 2004, the Assessor's Office will mail Notices of Assessment for the fiscal year 2005.
Only those property owners whose assessment changed will receive an assessment notice. Approximately
0.5% of all properties will receive a decrease in assessment and approximately 96% will receive an
increase. The projected FY 2005 assessment of $31,065,861,883 represents a 12.9% increase over the
current assessment. Each penny of the tax rate will generate $3,107,000 in revenue for a total tax of
$379,004,000 at the current rate of $1.22. The average assessment change for individual properties is
approximately + 11.48%; however, this figure varies city-wide depending on the age, type, quality,
classification and location of the property. The average assessment change for residential property is
+ 11.15% and for commercial/industrial property is + 9.94%.
Mr. Banagan displayed a chart depicting the Average Home Assessment (All Residential Properties). For
the past three years, the assessment has increased from $146,600 to $177,000. Relative Assessment
Comparison by classification residential, apartment and agriculture properties comprise 83.2% of the tax
base an increasefrom the 83% 2004 Assessment. The average assessment on a new home is $289,100, an
increase from $229,500 three (3) years ago. Old Dominion University Real Estate Department, in concert
with the major Realtors, had its annual real estate review last week. Discussion entailed residential
appreciation. The increase in land value is one for the factors which is also causing new construction to
increase in cost. This, in turn, evolves into resales of existing stock.
New constructionfor the past 12 months amounted to $489,000,000, which is a decrease of8.5%from the
previous year. Residential new construction amounted to 81.1% of the total yearly construction, while
commercial/industrial represents 18. 9%. Growth in land due to re-zonings and subdivision amounts to
approximately $118,000,000. Farm values increased considerably relative acreage value in the rural part
of the City; however land use values have decreased by approximately 1591)
Fiscal Year Agriculture * Forest *
2005 $380 $395
2004 $450 $425
2003 $580 $470
2002 $660 $465
2001 $710 $465
2000 $640 $395
1999 $730 $375
1998 $650 $525
1097 $620 $430
1996 $600 $375
1995 $590 $360
LAND USE VALUES
*Based upon per acre Class III agriculture and goodforest
February 24, 2004
- 20-
CITY APPOINTEE BRIEFING
REAL EST ATE ASSESSORS ANNUAL REPORT
ITEM # 52252 (Continued)
Real Estate Tax Exemptions/DeferrallFreeze for Senior Citizens and Disabled Person
Fiscal 2004
Program Recipients
Senior Citizens Disabled Persons Total Program
Exemption 1,730 Exemption 876 Exemption 2,606
Freeze 621 Freeze 154 Freeze 775
Deferral ----1l Deferral - Deferral -12
Total 2,366 Total 1,030 GRAND TOTAL 3,396
Mr. Banagan distributed information relative Hotel/Motel and Oceanfront Land Sales, as well as a listing
of average neighborhood assessment changes.
Mayor Oberndorf referenced residents on the ocean side of Atlantic Avenue regarding a particular home
sellingfor an exorbitant amount of money. These residents are concerned their property values will greatly
increase. Mr. Banagan advised the sales were recorded in a particular neighborhood, analyzed and a
procedure is determined to adequately access all the houses within that neighborhood. Future sales may
be impacted by this sale. North Virginia Beach has always been an active real estate market.
Mr. Banagan advised $31-MILLION in new growth is projected to April 2005.
Relative Oceanfront real estate, Councilman Maddox inquired relative the 30% increase. Mr. Banagan
advised the only land sales:
31st Street project (Sandler property)
Caton proper~y
Former McDonalds, 1500 Block
$16,000 "a front foot ".
$10,000 "afrontfoot"
$10,000 "a front foot"
The City is in the process of closing the the Herman property (both Oceanfront and in the Loop) The
Herman property is assessed at $8.4-MILLION
Councilman Maddox advised from 1988 to 2005, the sales relate to an average increase of 4/10 of 1 % per
year. Mr. Banagan advised the hotel/condominium concept came into place in 1985, nine cranes were on
Atlantic Avenue at one time building large hotels/condominiums. These were being purchased as an
investment. Approximately three quarters sold and then the tax laws changed and losses could not be written
off against another. The market on those hotel condominiums dried up. The land values increased during
that time. Subsequently through bad tourists seasons, property values dropped, not only inside land but
Oceanfront as well. The assessments have slowly increased.
February 24,2004
- 21 -
CITY APPOINTEE BRIEFING
REAL ESTATE ASSESSORS ANNUAL REPORT
ITEM # 52252 (Continued)
Mr. Banagan advised on all income properties, 2002 data was utilized as assessments must be completed
in December. Therefore, the income from the most recent tourist sales is not utilized as a factor. If income
statements are not received from the hotel owners, the revenue is derived from the Commissioner of the
Revenue's record of the meal/room and business taxes. There are 102 hotels in the City. Adding
hotels/condominiums and time shares, this is a total of 116.
Relative an independent assessment, there are firms who specialize in mass appraisal. These firms primarily
conduct assessments for jurisdictions which do not have a full time appraiser and do not perform an annual
assessment i.e. North Carolina assesses every five (5) years. City Council might wish to consider having
a consultant review the hotels. Norfolk hired a consultant approximately 12 years ago to review their
residential waterfront homes. The newer product of hotel has greater occupancy above the oceanfront
average. Occupancy of hotels has hoovered around 62% for sixteen (16) years.
February 24, 2004
- 22-
ITEM # 52253
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers,
appointees or employees pursuant to Section 2.2-3711 (A) (1).
Appointments:
Assistant City Attorney
PUBLIC CONTRACT: Discussion or consideration by a responsible public entity
or an affected local jurisdiction, as those terms are defined in Section 56-557, of
confidential proprietary records excludedfrom this chapter pursuant to Section 2.2-
3705(A)(56) AND Discussion of the award of a public contract involving the
expenditure of public funds; and, discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body.
Virginia Beach Performing Arts Theatre
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, the disposition of publicly-
held property, plans for the future of an institution which could affect the value of
property owned or desirable for ownership by such institution pursuant to Section
2.2-3711(A)(3).
Acquisition/Disposition of Property - Centerville District
Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council voted to proceed into
CLOSED SESSION.
Voting: 9-0
Council Members Voting Aye:
Margaret L. Eure, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel, Vice Mayor Louis R. Jones
(Closed Session: 4:42 P.M. - 5:55 P.M.)(Dinner: 5:55 P.M. - 6: 15 P.M.)
February 24, 2004
....-......~....,..... ".. ."
- 23-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 24,2004
6:15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 24. 2004, at 6: 15 P.M.
Council Members Present:
Margaret L. Eure, Reba S. McClanan, Richard A. Maddox, Mayor
MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
Harry E. Diezel
[Out of the City]
Vice Mayor Louis R. Jones
[Entered: 6:20 A.M.]
INVOCATION: Reverend Richard Keever
Bayside Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Councilfor the purpose afidentifying any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
February 24, 2004
- 24-
Item V-E.l.
CERTIFICA TION OF
CLOSED SESSION
ITEM # 52254
Upon motion by Councilman Schmidt, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies,'
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Margaret L. Eure, Reba S. McClanan, Richard A. Maddox, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
l{arry E. Diezel and Vice Mayor Louis R. Jones
February 24, 2004
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 52253, page 22, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing
body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
February 24, 2004
. -- '--'~"-~-'-"-'----r-
- 25 -
Item V-E ~.
MINUTES
ITEM # 52255
Upon motion by Council Lady Eure, seconded by Council Lady Wilson, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of February 3, 2004, and February 10, 2004.
Voting: 9-0
Council Members Voting Aye:
Margaret L. Eure, Reba S. McClanan, Richard A. Maddox, Mayor Meyera
E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Vice Mayor Louis R. Jones
February 24, 2004
~.,......~~."._._~
- 26-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 52256
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 24, 2004
.. "^.._-"._,,--~... - ,
- 27-
Item V-G.
MAYOR'S PRESENTATION
ITEM # 52257
Mayor Oberndorf invited Councilman Wood to read and PRESENT:
RESOLUTION IN RECOGNITION
Carolyn Brown
Fishing became a lifelong learning experience and obsession for Carolyn Brown, an Art Teacher
at Lynnhaven Middle School, that has produced a remarkable saltwater fishing career and netted
her the distinction of being one of only a handful of Level III Master Anglers in Virginia, an
accomplishment that requires catching twenty-five fish, each meeting the Virginia Saltwater Fishing
Tournament award minimum lengths or weights;
Carolyn serves as the only female member of the Virginia Marine Resources Commission Recreational
Fishing Advisory Board. ller fishing career has recently been capped by the record-breaking catch of
a 63-pound Striped Bass off the coast of North Carolina.
Virginia Beach City Council recognized, Carolyn Brown,for her impressive accomplishment in breaking
the Virginia Striped Bass state record.
February 24,2004
~E~
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F' OUR NI\\\O .
fRtsnlutinu
WHEREAS, Carolyn Brown's love of fishing began as a child in Ormond Beach,
Florida, where she spent Summer days learning her craft from older, experienced fishermen on
the pier;
WHEREAS, Fishing became a lifelong learning experience and obsession for her
that has produced a remarkable saltwater fishing career and netted her the distinction of being
one of only a handful of Level III Master Anglers in Virginia, an accomplishment that requires
catching twenty-five fish, each meeting the Virginia Saltwater Fishing Tournament award
minimum lengths or weights,'
WHEREAS, Carolyn Brown, an Art Teacher at Lynnhaven Middle School, serves
as the only female member of the Virginia Marine Resources Commission Recreational Fishing
Advisory Board,' and,
WHEREAS, Her fishing career has recently been capped by the record-breaking
catch of a 63-pound Striped Bass off the coast of North Carolina;
NOW, THEREFORE, The Virginia Beach City Council hereby recognizes:
CAROLYN BROWN
for her impressive accomplishment in breaking the Virginia Striped Bass state record.
FUTHER, BE IT RESOL VED: That the City Council calls upon the citizens of
Virginia Beach to recognize and congratulate Carolyn Brown on the "catch of a lifetime" which
is a true "fish story ". .
- 28-
Item V-J.K.
ORDINANCES/RESOLUTIONS
ITEM # 52258
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN
ONE MOTION Ordinances 1, 2, 3, 4, 5, 6 and 7 and Resolutions 1 of the CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24, 2004
,.
- 29-
Item V-J.l.
ORDINANCES
ITEM # 52259
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into a portion
of Lake Joyce by CHARLES W. MOORE to construct and maintain a
bulkhead and pier at 4433 Blackbeard Road.
(DISTRICT 4 - BA YSIDE)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval as to size, alignment and
location.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, the temporary encroachment must be removed
from the encroachment area by the applicant and the applicant
will bear all costs and expenses of such removal.
3. The applicant shall indemnifY and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant must obtain an approved permit from the
Waterfront Operations/Planning Department before beginning
any work within the encroachment area.
February 24, 2004
Item V-J.l.
- 30-
ORDINANCES ITEM # 52259 (Continued)
7. The applicant must post a performance bond or other form of
surety, approved by the Development Services Center of the
Planning Department, in accordance with their engineer's cost
estimate.
8. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days'written notice to the City prior
to the cancellation or termination of or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment
9. It is agreed that the owners of Unit Two (2) and Crab Creek Unit
Owners Association, Inc. have an undivided interest in the
common areas and limited common area and consent to the
application but assume no responsibility or obligation under this
Agreement.
10. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicantfor the use of such portion of the City's right-of-way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and eve!)!
day that su.ch temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
February 24,2004
- 31 -
Item V-J.l.
ORDINANCES ITEM # 52259 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A, Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24, 2004
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE A TEMPORARY
3 ENCROACHMENT INTO A PORTION OF LAKE JOYCE, BY
4 CHARLES W. MOORE, HIS HEIRS, ASSIGNS AND
5 SUCCESSORS IN TITLE
6 WHEREAS, Charles W. Moore desires to construct and maintain a bulkhead
7 and pier within the City's property located at the rear of 4433 Blackbeard Road.
8 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-
9 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
10 City's property subject to such terms and conditions as Council may prescribe.
11 NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof contained in 99 15.2-
14 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles W. Moore, his heirs,
15 assigns and successors in title are authorized to construct and maintain a temporary
16 encroachment for a bulkhead and pier in the City's property as shown on the map entitled:
17 "EXHIBIT A PLAN VIEW FOR C. W. MOORE 4433 BLACKBEARD RD. VA. BEACH, VA
18 23455 " a copy of which is on file in the Department of Public Works and to which reference
19 is made for a more particular description; and
20 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
21 subject to those terms, conditions and criteria contained in the Agreement between the City
22 of Virginia Beach and Charles W. Moore (the "Agreement"), which is attached hereto and
23 incorporated by reference; and
24 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
,.- 'f .....~---- r 4. _.-,..-..- __~"_,__~,~,__".""'4..,_,...._,,,
25 is hereby authorized to execute the Agreement; and
26 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
27 time as Charles W. Moore and the City Manager or his authorized designee execute the
28 Agreement.
29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
30 of February, 2004.
31
~ROVED AS TO CONTENTS
. fl1Tn[{J- (1, L~S fV\
I
c/ SIGNATURE
f~LU hli I f~1a1i
DEPARTMENT
32
33
34
35
38
39
40
41
42
APPROVED AS TO LEGAL
SUFFICIENC~
~o!' 4
CITY, TTORNEY
36
37
CA- q 0 '13
PREPARED: 1/16/04
PDEJESU/MOORE/ORD.
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
1. UNDER SECTIONS 58.1-811 (A) (3)
AND 58.1-811 (C) (4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this (p-IA day of J tYN
, 2 otJ1 , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and CHARLES W. MOORE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Section 1 Lot 1 9 Block 1 Baylake Pines" and being further designated
and described as 4433 Blackbeard Road, Virginia Beach, Virginia 23455; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead
and pier, "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into a portion of an existing City property known as Lake Joyce, "The
Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment
within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 1479-79-5283
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City
of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly
described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as shown on
that certain plat entitled: "Plan View for C. W. Moore 4433 Blackbeard
Road, Virginia Beach, Va. 23455," a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the
notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the
Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out
of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee.
2
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit from
the Waterfront Operations/Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office
of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep in
force all-risk property insurance and general liability or such insurance as is deemed necessary by the
City, and all insurance policies must name the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to cany comprehensive general liability insurance in an amount not
less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will
provide endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The Grantee asswnes
all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for review and approval, a
survey of The Encroachment Area, certified by a registered professional engineer or a licensed land
surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
3
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or
I!
I
I
state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied ifit were owned by the Grantee; and if such
removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the
Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Charles W. Moore, the said Grantee has caused this
Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalfby its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
1 :1
~
Charles W. Moore
STATE OF VA
CITY/COUNTY OF VA f,eAC.\-\ ., to-wit: VAN~SSA t=:JZ..L'C..'.
The foregoing instrument was acknowledged before me this {P'1J:J day of r A~ -
uAt-'( ,2 004- , by Charles W. Moore.
'\ (., " _II,
\) (.\....,-'.A.<.:.v'-!./li\.... ~._~ ~.'-vG--'
Notary Public
My Commission Expires:3(j tvoJ :~ O[) Lv
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
, 2
, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
, 2 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
APPROVED AS TO
LEGAL SUFFICI
APPROVED AS TO CONTENT
('
.::it1;) lllll r. G>(iU.t"'<7rt
(ciTY REAL ESTATE AGENT
~
CITY ATTORNEY
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#4433
GPIN 1479-79-5283
\~~~
BLACKBEARD.DGN M.J.S.
PREPARED BY P;W ENG. CADD DEPT. JAN. 21, 2004
-.-.-r-----......
I
LOOKING WEST FROM CENTER OF EXISTING BULKHEAD.
EXISTING CORRUGATED STEFL BTJLKHEAD TO BE CUT OFF
BELOW NEW BULF.HEAD ELEVATION
LOOKING WEST FROM EAS'r END OF PROPERTY
NOTE EXISTING STRUCTURES ON ADJACENT PROPERTIES
..... .__ .....~""'..__. .0. CO".,...". "_"_' ..
- 32-
Item V-J.2
ORDINANCES
ITEM # 52260
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE acquisition of property in fee simple for
extension of Elson Green Avenue and intersection improvements at Princess
Anne Road re an elementary school and tempormy and permanent
easements, either by agreement or condemnation.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24, 2004
r T
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR EXTENSION OF ELSON GREEN AVENUE
4 AND INTERSECTION IMPROVEMENTS AT
5 PRINCESS ANNE ROAD CIP 2-179 AND THE
6 ACQUISITION OF TEMPORARY AND
7 PERMANENT EASEMENTS, EITHER BY
8 AGREEMENT OR CONDEMNATION
9
10 WHEREAS, in the opinion of the Council of the City of Virginia Beach,
11 Virginia, a public necessity exists for the construction of this important roadway
12 improvements project to provide adequate traffic capacity, to provide access to a new
13 school, to improve the City's transportation network and for other related public purposes
14 for the preservation of the safety, health, peace, good order, comfort, convenience, and
15 for the welfare of the people in the City of Virginia Beach:
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
1 7 CITY OF VIRGINIA BEACH, VIRGINIA:
18 Section 1. That the City Council authorizes the acquisition by
19 purchase or condemnation pursuant to Section 15.2-1901, et sea., Code of Virginia of
20 1950, as amended, of all that certain real property in fee simple, including temporary and
21 permanent easements (the "Property") as shown on the plans entitled "Extension of Elson
22 Green Avenue and Intersection Improvements at Princess Anne Road CIP 2-179" (the
23 "Project"), and more specifically described on the acquisition plats for the Project
24 (collectively the "Plans"), the Plans being on file in the Engineering Division, Department
25 of Public Works, City of Virginia Beach, Virginia.
26 Section 2. That the City Manager is hereby authorized to make or
27 cause to be made on behalf of the City of Virginia Beach, to the extent that funds are
1 available, a reasonable offer to the owners or persons having an interest in said Property.
2 If refused, the City Attorney is hereby authorized to institute proceedings to condemn said
3 property.
4 Adopted by the Council of the City of Virginia Beach, Virginia, on the
5
24th day of Februarv
,2004.
6 CA-9046
7 January 15, 2004
APPROVED AS TO CONTENTS
liJuUMr C (;~US~
SIGNATURE
PiLi KF/i/ ~~tL:'
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
j~(;)\1~
CITY ATTORNEY
2
t!l
LOCATION MAP ~
SHOWING EXTENSION OF
ELSON GREEN AVENUE AND f
INTERSECTION IMPROVEMENTS ~
AT PRINCESS ANNE ROAD
(
ELSON GREEN.DGN M.J.5.
PREPARED BY P,W ENG. CADD DEPT. JAN. 15, 2004
- 33-
Item V-J.3.
ORDINANCES
ITEM # 52261
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to A UTHORIZE the acquisition of two (2) parcels of real
property (18.04 acres) at Providence Road and Reon Drive.for $3,650,000
(Parcel A @ $3,300,000 and Parcel B @ $350, 000) from ROLAND E. and
EVELYN B. HARGROVE and the ELLWOOD L. SAHR FAMILY
TRUST.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
l-!arry E. Diezel
February 24,2004
ORDINANCE NO.
2 AN ORDINANCE TO AUTHORIZE THE
3 ACQUISITION OF TWO PARCELS OF REAL
4 PROPERTY TOTALING 18.04+/- ACRES
5 LOCATED ON THE SOUTH SIDE OF
6 PROVIDENCE ROAD AT THE INTERSECTION
7 OF PROVIDENCE ROAD AND REON DRIVE
8 FOR $3,650,000 FROM ROLAND E.
9 HARGROVE, SR. AND EVELYN B.
10 HARGROVE AND ELLWOOD L. SAHR,
11 TRUSTEE FOR THE ELLWOOD L. SAHR
12 FAMILY TRUST
13 WHEREAS, Roland E. Hargrove, Sr., and Evelyn B. Hargrove (the "Hargroves") and
14 Ellwood L. Sahr, Trustee for the Ellwood L. Sahr Family Trust ("Sahr") own a 16.48:t acre
15 parcel of real estate ("Parcel A"), and the Hargroves own an adjacent 1.56:t acre parcel of
16 real estate ("Parcel B") located on the south side of Providence Road at the intersection
17 of Providence Road and Reon Drive (Parcels A and B collectively referred to as the
18 "Property");
19 WHEREAS the Hargroves and Sahr desire to sell the Property to the City of Virginia
20 Beach (the "City");
21 WHEREAS, the City's Open Space Subcommittee has identified the Property as
22 parcels to be considered for acquisition as part of the City's open space initiative, and has
23 recommended that the Property be acquired for such purposes;
24 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
25 Council") is of the opinion that the acquisition of the Property would further the City's open
26 space initiative;
~"."" .....-. ...-. ,
27 WHEREAS, the Hargroves, Sahr and City staff have worked with the City Attorney
28 to draft two Purchase Agreements which set forth the responsibilities and obligations of the
29 parties upon terms and conditions mutually agreeable to all parties; and
30 WHEREAS, funding for this acquisition is available in the Open Space Acquisition
31 CIP account (CIP 4-004).
32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
33 VIRGINIA:
34 1. That the City Council authorizes the acquisition of the Property by purchase
35 pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which Property is
36 shown on Exhibit A attached hereto.
37 2. That the City Manager or his designee is authorized to execute on behalf of
38 the City of Virginia Beach, two (2) Purchase Agreements for the Property, for the
39 aggregate sum of $3,650,OOO(Parcel A @ $3,300,000 & Parcel B @ $350,000) and in
40 accordance with the Summary of Terms attached hereto.
41 3. That the City Manager or his designee is further authorized to execute all
42 documents that may be necessary or appropriate in connection with the purchase of the
43 Property, so long as such documents are acceptable to the City Manager and the City
44 Attorney.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of
47 February, 2004.
48
49 CA-9041
50 F:\Users\ VValldej\W P\BZA\Hargrove.ord. wpd
51 date:February 9,2004
52 R-2
53
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
54
SUFFICIENCY:
~--~
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City Attorney's Ottic
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SUMMARY OF TERMS
AGREEMENT FOR THE SALE OF
APPROXIMATELY 18.04:t ACRES OF PROPERTY
LOCATED ON THE SOUTH SIDE OF
PROVIDENCE ROAD AT THE INTERSECTION
OF PROVIDENCE ROAD AND REON DRIVE
OWNER:
Parcel A (16.48 acres) Roland E. Hargrove, Sr., Evelyn 13. Hargrove and
Ellwood L. Sahr, Trustee for the Ellwood L. Sahr Family Tlust
Parcel 13 (1.56 acres) Roland E. Hargrove, Sf. and Evelyn 13. Hargrove
BUYER:
City of Virginia Beach
SALE PRICE:
$3,650,000 payable as follows:
$3,300,000 for Parcel A ($1,650,000 upon execution of Agreement of Sale
and $1,650,000 at Settlement) by check; and
$350,000 for Parcel 13 at Settlement by check.
SETTLEMENT
DATE:
On or before April 16, 2004.
SPECIAL TERMS
AND CONDITIONS:
· At its sole cost and expense, the City will remove an underground storage tank upon
the Property after Settlement.
· Property n1ust be conveyed free and clear of all leases, tenancies and right of
possession of any and all parties other than the City.
F:\Users\ VValldej\ WP\BZA \Hargrove. sum. \\ pd
- 34-
Item V-J.4.
ORDINANCES
ITEM # 52262
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to APPROPRIATE $367,800 from the Federal Revenue
Maximization Initiative to the Department of Social Services' FY operating
budget re providing human services programs approved by the Community
Policy and Management Team (CPMT).
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
1 AN ORDINANCE TO APPROPRIATE
2 $367,800 OF FEDERAL REVENUE TO THE
3 DEPARTMENT OF SOCIAL SERVICES' FY
4 2003-04 OPERATING BUDGET TO PROVIDE
5 HUMAN SERVICES PROGRAMS
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
1 .
That $367,800 of federal revenue is hereby
11 appropriated the FY 2003-04 Operating Budget of the Department of
12 Social Services, for the provision of Human Services programs
13 approved by the Community Policy Management Team.
14
2. That estimated federal revenue is hereby increased by
15 $367, 800.
16 Adopted by the Council of the City of Virginia Beach,
day of
Feburary
, 2004.
17
Virginia on the
24th
18 Requires an affirmative vote by a majority of the members
19 of Ci ty Council.
CA9097
H:\GG\OrdRes\Rev Max Funding Ord.doc
R-4
February 13, 2004
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
JjwW)Q !y
Management Services ?
c~E~Y(
- 35 -
Item V-J. 5.
ORDINANCES
ITEM # 52263
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $11,500 (rom the Federal
Emergency Management Agency (FEMA) to the Fire Department's FY
2003-2004 operating budget re training and equipping one hundred (J 00)
new Volunteersfor the Community Emergency Response Team (CERT).
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A.Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24, 2004
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $11,500 FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY TO THE FIRE
4 DEPARTMENT'S FY 2003-04 OPERATING BUDGET
5 FOR TRAINING AND EQUIPPING 100 NEW
6 VOLUNTEERS
7
8 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
That $11,500 is hereby accepted from the Federal
11
Emergency Management Agency and appropriated to the Fire
12
Department's FY 2003-04 Operating Budget for the purpose of
13
training and equipping new volunteers, with federal revenue
14
increased accordingly.
15
Adopted by the Council of the City of Virginia Beach,
16 Virginia on the 24th
day ofFebruar~ 2004.
CA9112
H:\GG\OrdRes\CERT Grant ord.doc
R-2
February 16, 2004
Approved as to Content
Approved as to Legal
Sufficiency
!<~Jc~,~
Department of Management Services
~M~~_ f ~ Vh
City Attorne s Offlce
COMMONWEALTH of VIRGINIA
MICHAEL M. CLINE
State Coordinator
Department of Emergency Management
JANET L. CLEMENTS
Deputy Coordinator
January 15, 2004
10501 Trade Court
Richmond, Virginia 23236-3713
(804) 897-6500
(TOO) 674.2417
FAX (804) 897.6506
L. RALPH JONES, JR.
Deputy Coordinator
Mr. James K. Spore
City Manager
Virginia Beach City
Municipal Center, Building #1
Virginia Beach, VA 23456
.' .' JL:'~___[L]-01,T -
~'l'~ ",- _ :
,] A n 1 6 2004
i ~ ./ 1
, : ,...,.:' ,
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'---.-- --- ~.~..: :".J: -..: -..-:" '.., ':: :. ..____...l
Dear Mr. Spore:
We are pleased to notify you that Citizen Corps Crant funds have been approved for
your locality in the amount of $11,500 for Community Emergency Response Team (CERn.
Payments will be processed by January 31, 2004, dependent on the return of the enclosed
Local Award Agreement form, signed by designated local official.
As a limited amount of federal funding was received for this project, awards were
based on the number of proposed trainees for your jurisdiction for the current grant period. All
grant recipients are responsible for using program funds in accordance with the grant
guidelines and according to the approved budget.
This is a federal grant administered by the Commonwealth through the Virginia
Department of Emergency Management and it requires no local match. In accordance with
the federal requirements for the Citizen Corps grants, the follOWing conditions apply to the
project:
. Due to the extended application period requested by localities follOWing Hurricane
Isabel, the performance period is seven months. The performance period extends to
August 25, 2004. All funds must be committed no later than August 25, 2004, -
and all funds must be expended no later than November 25, 2004.
· Localities must provide the Commonwealth with a worl:? schedule including
milestones for the approved project within 30 days of receipt of this letter.
· All requirements outlined in the grant must be completed within the grant period.
· Programmatic and financial reports for the project need to be submitted by
April 10, 2004, July 10, 2004, and October 10~ 2004. Final closeout reports are due
December 10,2004.
"Working to Protect People, Property and Our Communities"
..-"L.T._....""...-..--P--~-"-"" .,."
Mr. James K. Spore
January 15, 2004
Page 2
. We will follow up with more guidance on the quarterly reporting and other grant
requirements.
Once again we congratulate you on your award and thanR you for your participation
in this program. We 100R forward to worl:?ing with you in developing preparedness programs
in your community. As we receive details on the 2004 Citizen Corps funding, we will also
forward that information to you.
If you have any questions regarding the administration of this award or its finances,
please contact Heather King, CERT Coordinator, at (804) 897-6500, extension 6594, or
hRing@vdem.state.va.us or Leigh Estes, Grants Administrator, at (804) 897-6500,
extension 6518 or lestes@vdem.state.va.us. If you have any Citizen Corps program questions,
contact Suzanne Simmons, Citizen Corps Program Manager at (804) 897-6518, or
ssimmons@gov.state.va.us.
Sincerely,
~?;JffC~
Michael M. Cline
MMC/mmb
Enclosure
c: Suzanne Simmons
Heather King
Leigh Estes
.-..---r----.......-..
Citizen Corps - Local A\vard Agreement
By accepting $
1.1 , 500
in Citizen Corps Funds from the Virginia
Department of Emergency Management for Community Emergency Response
Team (CERT),
the C i t y 0 f Vir q in i a Be a c h agrees to adhere to all
Jurisdiction
terms and conditions set forth in the grant.
- 36-
Item V-J. 6.
ORDINANCES
ITEM # 52264
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute an agreement
between the City and the Virginia Housing Development Authority
(VHDA) to participate in the SP ARC (Sponsoring Partnerships and
Revitalizing Communities) home ownership program
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter r-v.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24, 2004
1 ORDINANCE NO.
2 AN ORDINANCE AUTHORIZING THE CITY
3 MANAGER TO EXECUTE AN AGREEMENT
4 BETWEEN THE CITY AND THE VIRGINIA
5 HOUSING DEVELOPMENT AUTHORITY TO
6 PARTICIPATE IN THE SPARC HOME
7 OWNERSHIP PROGRAM.
8 WHEREAS, the City of Virginia Beach through its Department of Housing and
9 Neighborhood Preservation currently operates several programs to promote home ownership for low
10 and moderate income persons;
11 WHEREAS, the City desires to continue promoting its goal of home ownership
12 among its citizens with low and moderate income and in areas with low home ownership rates
13 through all available resources;
14 WHEREAS, the Virginia Housing Development Authority ("VHDA") has reserved
15 funds which can be made available to qualified Virginia Beach citizens with low and moderate
16 income through the participation of the City in the VHDA's Sponsoring Partnerships and
1 7 Revitalizing Communities ("SP ARC") Home Ownership Progran1;
18 WHEREAS, the City's participation in the SPARC Home Ownership Program
19 requires the execution of an agreement with the VHDA; and
20 WHEREAS, the City's Department of Housing and Neighborhood Preservation has
21 determined that the City's participation in the SP ARC Home Ownership Prograrll will provide an
'--""1"-". -.
22 additional and lnuch needed financing source for home ownership opportunities for its citizens with
23 low and lnoderate inconle.
24 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That the City Manager is hereby authorized to execute an agreenlent between the City
27 and the Virginia Housing Development Authority to participate in the operation of the SP ARC
28 HOlne Ownership Progranl in substantially the sanle fonn as attached hereto and under such
29 additional terms and conditions as nlay be acceptable to the City Manager and the City Attorney.
30 Adopted by the Council of the City of Virginia Beach, Virginia, on the2 4 th day of
February
, 2004.
31
CA-9077
C :\DoclIments and Settings\mnotting\Local Settings\Temp\SP ARC04.ord, wpd
R-I
2/3/04
A,P I OV,. h ~~~T~ CONTENT:
\ ! t~
De ofr,-hJ'using & Neighborhood
Preserv~tion
,
APPROVED AS TO LEGAL
S~CY:
~ ~
City Attorney
2
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
SPARC PROGRAM - Round 3
HOMEOWNERSHIP PROJECT PERMANENT
MORTGAGE FINANCING COMMITMENT AGREEMENT
THIS AGREEMENT, dated as of this 23rd day of January, 2004, is made by and between the VIRIGNIA
HOUSING DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (hereinafter referred to
as the "Authority") and City of Virginia Beach (hereinafter referred to as the "Sponsor").
WIT N E SSE T H:
WHEREAS, the Sponsor has applied to the Authority for mortgage loan financing for purchasers of single
family dwelling homes (the "Homes") on the property described in the Sponsor's application (the "Application"), which is
incorporated herein by reference; and
WHEREAS, the Authority desires to provide such financing subject to the terms and conditions set forth
below:
1. Reservation of Funds; Underwriting of Mortgage Loans. Subject to the terms and conditions herein, the
Authority hereby agrees to reserve funds in the amount of One Million Dollars ($1,000,000) to be used to
provide mortgage loans under the Authority's SP ARC Program. The Sponsor hereby accepts such
reservation. The mortgage loans to be financed with the Reserved Funds shall be originated by the
Authority's Originating Agents (the "Originating Agents") in accordance with the Authority's Rules and
Regulations for Single Family Mortgage Loans to Persons and Families of Low and Moderate Income (the
"Rules and Regulations"). In order to be approved for financing under this Agreement, each application for a
mortgage loan must satisfy and comply with all of the criteria and requirements in the Rules and Regulations
and in this Agreement.
2. Reservation Period. Subject to the provisions hereof, the Reserved Funds will be reserved for the Sponsor
until January 31, 2005; provided that if any portion of the Reserved Funds are not committed for mortgage
loans by January 31, 2005, such portion of the reserved Funds shall no longer be reserved for the Sponsor,
except as the Authority may otherwise notify the Sponsor in writing.
3. Rate of Interest and Term of Mortgage Loans. The interest rate(s) on the mortgage loans to be made from the
Reserved Funds will be determined by the Authority at the time funds are reserved for each individual
borrower and shall be as follows:
$1,000,000 at one half percent (.50%) below the applicable rate for the Authority's tax-exempt bond
program.
$0 at one percent (1.0%) below the applicable rate for the Authority's tax-exempt bond program.
The term of such mortgage loans shall be thirty (30) years.
4. Location and Completion of Homes. The Homes financed from Reserved Funds shall be of the type and
number and shall be located as described in the Application. In the case of Homes to be constructed or
rehabilitated by the Sponsor, such Homes shall be constructed or rehabilitated in accordance with this
Agreement, the plans and specifications (or, in the case of rehabilitation, such other descriptions of work to
be performed on the Homes as shall be acceptable to the Authority), and the minimum property standards of
the U.S. Department of Housing and Urban Development. The sales prices (as determined in accordance
with the Authority's Rules and Regulations) of the Homes shall not exceed the applicable maximum amounts
allowed by the Authority for its tax-exempt bond program.
_____'---,.-_.......H
5. Eligibility of Purchasers. All purchasers must meet all the Authority's eligibility and underwriting
requirements for its tax-exempt bond program. Notwithstanding anything to the contrary in the Rules and
Regulations, all purchasers of Homes financed from Reserved Funds (a) shall not have had a present
ownership interest (as defined in the Authority's Rules and Regulations) in his principal residence at any time
during the three years preceding the date of execution of the mortgage loan documents and (b) shall have
annual gross incomes not in excess of the applicable maximum amount allowed by the Authority for its tax-
exempt bond program. Notwithstanding the foregoing, in the event Sponsor has elected in the Application to
target persons or households with annual gross income below such limits, Sponsor shall comply with such
election.
6. Reduction of Amount of Reserved Funds. Upon thirty (30) days prior written notice to the Sponsor, the
Authority may at any time, and from time to time, reduce the amount(s) of the Reserved Funds in the event
that the Authority determines that it is (i) unlikely that mortgage loans will be committed by December 31,
2004, (ii) or that the Sponsor has failed to comply with the terms of this Agreement. Upon request of the
Authority, the Sponsor shall provide such information and records as the Authority may require in order to
determine the status of Sponsor's prior and anticipated use of the Reserved Funds.
7. Announcements and Publicity. The Sponsor shall coordinate in advance with the Authority all
announcements and other publicity relating to the Homes or the financing pursuant hereto.
8. Authorized Officer(s). The following person(s) is/are authorized, on behalf of the Sponsor, to engage in all
transactions and dealings with the Authority under this Agreement:
The Authority reserves the right to designate from time to time one or more contacts at the Authority and, if
so designated, Sponsor shall direct all communication with the Authority to such contact(s).
9. Designation of Originating Agents. Within 30 days of the date hereof, the Sponsor shall designate one or
more Originating Agents who will, and have agreed to, originate the mortgage loans funded pursuant to this
Agreement. In the event of failure by the Sponsor to so designate any Originating Agents, the Authority may
exercise its rights under Section 6 hereof. During the course of the performance of this Agreement, Sponsor
shall immediately notify the Authority of any additions or deletions from the designated list of Originating
Agents. In the event that, at any time during the term of this Agreement, no Originating Agent shall be so
designated or any and all Originating Agent or Agents so designated shall not be willing to continue to
originate mortgage loans hereunder, the Authority may exercise its rights under Section 6 hereof.
10. Confidential Information. The Sponsor shall not, without the prior written approval of the Authority, require
any mortgage loan applicant to execute any waiver or consent for the release to the Sponsor of any of such
applicant's personal information or any other information or records relating to applicant or the loan
application or to execute any other document authorizing the Sponsor to act on behalf of such applicant in
connection with the loan application. Sponsor shall at all times respect the privacy of the mortgage loan
applicants and shall not improperly interfere in the loan application process.
11. Miscellaneous. This Agreement constitutes the entire and final agreement between the parties with respect to
the Reserved Funds and supersedes all prior negotiations. This Agreement may be amended only in writing
signed by both parties. This Agreement shall be constructed in accordance with the laws of the
Commonwealth of Virginia. All provisions contained herein are severable and should any provision be held
invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
. . .._~--~_.~...-
12. Acceptance of Al!reement. This Agreement shall not be effective unless an executed original signed by an
authorized officer of Sponsor is returned to the Authority within 30 days from the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by their duly authorized
representatives, as of the day and year first above written.
(Sponsor)
By:
Its:
Date:
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
By:
.g(~
evelopment
- ---,--.- .._--.
- 37-
Item V-J. 7.
ORDINANCES
ITEM # 52265
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance GRANTING the Virginia Beach School Board a Nonexclusive
License (dated February 24,2004) to construct, maintain and operatefiber
optic cable facilities on the public rights-of- way.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24, 2004
1
2
3
4
5
6
7
AN ORDINANCE GRANTING TO THE SCHOOL BOARD OF
THE CITY OF VIRGINIA BEACH A NONEXCLUSIVE
LICENSE TO CONSTRUCT, MAINTAIN AND OPERATE
FIBER OPTIC CABLE FACILITIES IN THE PUBLIC
RIGHTS-OF-WAY
WHEREAS, the School Board of the City of Virginia Beach
8 (hereinafter "School Board") desires to install fiber optic cable
9 and other necessary appurtenances in and under the public ways of
10 the City; and
11 WHEREAS, the City is agreeable to allowing the School Board to
12 use the City's public ways, subject to the terms and conditions set
13 forth in a License Agreement dated February 24, 2004;
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That the City Council hereby approves the Agreement entitled
17 "City of Virginia Beach, Virginia and School Board of the City of
18 Virginia Beach, Virginia License Agreement" dated February 24,
19 2004, a copy of which is on file in the City Clerk's Office, and
20 hereby authorizes and directs the City Manager to execute such
21 Agreement on behalf of the City.
22
23
24
25
Adopted by the Council of the
Virginia, on this 24Lh riay of Febrnary
City of Virginia
, 2004.
Beach,
CA-9034
wmm\vbcpsordin.wpd
R-3
February 4, 2004
APPROVED AS TO CONTENT:
aDcU~
Chief Information Officer
Office
LICENSE AGREEMENT
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
SUMMARY OF TERMS
Grantee:
Virginia Beach School Board
Nature:
Allows use of City rights-of-way for fiber optic cable connecting various school and
administrative sites.
Term:
Twenty year initial term; Board may renew for additional twenty years
Compen-
sation:
None.
Use of Rights
of- Way:
Grantee required to abide by all City ordinances, constructions standards, etc.
Facilities to be installed underground to the extent possible
Construction: Grantee required to obtain all required permits, promptly restore City property after
construction, and to comply with all City, state and federal standards, ordinances,
laws, etc.
Removal and
Relocation: Grantee required to remove facilities at its expense within 120 days if necessary
because of City construction (sewer, water lines, etc.). Grantee also required to
restore or replace all trees, landscaping damaged or disturbed by work and to restore
streets, sidewalks, etc. to original condition.
"'--"--r-
- 38-
Item V-K.I.
RESOLUTIONS
ITEM # 52266
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Resolution to APPOINT Jennifer f/: Huelsherg to the position of Aj~ljtant
Associate City Attorney, effective March 1, 2004.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
1 A RESOLUTION APPOINTING JENNIFER V.
2 HUELSBERG TO THE POSITION OF
3 ASSOCIATE CITY ATTORNEY
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That pursuant to ~ 2-166 of the Code of the City of
7 Virginia Beach, Virginia, Jennifer V. Huelsberg is hereby appointed
8 to the position of Associate City Attorney , effective March 1,
9 2004.
10 Adopted by the Council of the City of Virginia Beach,
11 Virginia, on the 24th day of February, 2004.
CA-9108
ORDIN\NONCODE\AppointRes.wpd
R-3
February 24, 2004
..'t."
- 39-
Item V-K.2.
RESOLUTIONS
ITEM # 52267
Attorney R. Edward Bourdon, Pembroke One Building, 5th Floor, Phone: 499-8971 requested DEFERRAL
until the City Council Session of March 23, 2004, distributed Master Transportation Plan Map and
and Section 22.1 of the City Zoning Ordinance relative specific standards for certain conditional
uses located within Airport Noise and Aircraft Accident Potential Zones (AICUZ). Mr. Bourdon did
not believe the Task Force had a chance to review the amended Interim Guidelines. Mr. Bourdon objected
to the word "quick" on page 2, line 42 of the guidelines, and 10 acre parcels of in fill under 3b on line 65
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council DEFERRED to March
23, 2004, and APPOINTED Captain Tom Keeley, Commanding Officer - Naval Air Station Ocean a, to the
Joint Land Use Task Force:
Resolution to AMEND and READOPT Interim Guidelines governing
applications for land use development in Air Installations Compatible Use
Zones (AICUZ).
Voting: 10-0
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
t .. ..-.-..-.-.
Item V-L.
- 40-
PLANNING ITEM # 52268
1. DA VID W. AND MICHELE N. COUCH STREET CLOSURE
2. VIRGINIA BEACH TRA VEL SOCCER, INC.
3. ENTERPRISE RENT-A-CAR
4. ASHVILLE PARK, L.L. C.
5. ALCAR, L.L.C.
6. KENNETH A. HALL
7. MPWILKW, L.L.C.
9. JOHN S. WALLER, F.L.P.
....-------,...-
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
STREET CLOSURE
CONDITIONAL CHANGE OF ZONING
SUBDIVISION VARIANCE
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
February 24, 2004
- 41 -
Item V-L.
PLANNING
ITEM # 52269
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1,3, 6 (DEFERREP), 7 and 8 of the PLANNING BY CONSENT AGENDA.
Item 1. 6 was DEFERRED. BY CONSENT, until City Council Session of March 2, 2004.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
- 42-
Item V-L.I.
PLANNING
ITEM # 52270
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application ofDA VID Wand MICHELE N. COUCHfor the discontinuance, closure and
abandonment ofa portion of Cape Henry Drive
Application of David W. Couch and Michele N. Couch for the
discontinuance, closure and abandonment of a portion of Cape Henry Drive
west of Sand Pine Drive. DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1. The City Attorney's Office will make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
2. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant is required to verifY that no private utilities exist
within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are
Dominion Virginia Power facilities within the right-of-way
proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. A ten (10) foot wide public drainage easement satisfactory to the
Department of Pub lie Works shall be dedicated over the existing
swale that runs along the northern boundary of the site.
5. A perpetual tree preservation easement shall be dedicated to the
City of Virginia Beach for the existing Live Oak Trees located in
the area of the street closure.
6. Closure of the right-of-way shall be contingent upon compliance
with the above stated conditions within 365 days of approval by
City Council. If the conditions noted above are not accomplished
and the final plat is not approved within one year (February 23,
2005) of the City Council vote to close the right-of- way, this
approval shall be considered null and void.
February 24, 2004
r -.
- 43-
Item V-L.l.
PLANNING ITEM # 52270 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
2
3
4
5
6
7
8 IN THE MATTER OF CLOSING, VACATING AND
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS "PORTION OF CAPE HENRY
11 DRIVE TO BE CLOSED 5,032 S.F., 0.11 ACRES" AS
12 SHO\VN ON THAT CERTAIN PLAT ENTITLED "PLAT
13 SHO\\TING OF PORTION OF CAPE HENRY DRIVE TO
14 BE CLOSED LOCATED BEHIND LYNNHAVEN
15 COLONY, SECTION 5, PART 2, VA. BEACH,
16 VIRGINIA":
17
18
ORDINANCE NO.
19 WHEREAS, David W. Couch and Michele N. Couch applied to the Council of
20 the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued,
21 closed, and vacated; and
22 WHEREAS, it is the judgment of the Council that said street be discontinued,
23 closed, and vacated, subject to certain conditions having been met on or before one (l) year from
24 City Council's adoption of this Ordinance;
25
26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
27 Beach, Virginia:
28
29
30
31 GPIN: 1489-98-4987, 1489-98-4905, 1489-98-1949, 1489-99-5136
32
1
,.-
32 SECTION I
33
34 That the hereinafter described street be discontinued, closed and vacated, subject
35 to certain conditions being lnet on or before one (1) year from City Council's adoption of this
36 ordinance:
37
38 All that certain piece or parcel of land situate, lying and being in
39 the City of Virginia Beach, Virginia, designated and described as
40 "PORTION OF CAPE HENRY DRIVE TO BE CLOSED 5,032
41 S.F., 0.1] ACRES" shown as the cross-hatched area on that certain
42 plat entitled: HPLA T SHOWING OF PORTION OF CAPE
43 HENRY DRIVE TO BE CLOSED LOCATED BEHINI)
44 L YNNHA VEN COLONY, SECTION 5, PART 2, VA. BEACH,
45 VIRGINIA" Scale: ]" = 20', dated .Tune 21,200], Rev. 2/10/04
46 prepared by Midgette & Associates, P. C., a copy of which is
47 attached hereto as Exhibit A.
48
49
50 SECTION II
51
52 The following conditions must be met on or before one (1) year from City
53 Council's adoption of this ordinance:
54
1. The City Attorney's Office will make the final determination regarding
55 ownership of the underlying fee. The purchase price to be paid to the City shall be determined
56 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
57 Closures," approved by City Council. Copies of said policy are available in the Planning
58 Department.
59 2. The applicant shall resubdivide the property and vacate internal lot lines to
60 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
61 and approved for recordation prior to final street closure approval.
2
r T'
62 3. The applicant shall verify that no private utilities exist within the right-of-way
63 proposed for closure. Preliminary comments from the utility companies indicate that there are
64 Dominion Virginia Power facilities within the right-of-way proposed for closure. If private
65 utilities do exist, easements satisfactory to the utility company must be provided.
66 4. A ten-foot wide public drainage easement satisfactory to the Department of
67 Public Works shall be dedicated over the existing swale that runs along the northern boundary of
68 the site.
69
5. A perpetual tree preservation easement shall be dedicated to the City of
70 Virginia Beach for the existing Live Oak trees located in the area of the street closure.
71 6. Closure of the right-of-way shall be contingent upon compliance with the
72 above stated conditions within one year of approval by City Council. If all conditions noted
73 above are not in compliance and the final plat is not approved within one year of the City
74 Council vote to close the street, this approval will be considered null and void.
75
76 SECTION III
77
78
1.
If the preceding conditions are not fulfilled on or before February 23,
79 2005, this Ordinance will be deemed null and void without further action by the City Council.
80
2.
If all conditions are met on or before February 23, 2005, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
3.
In the event the City of Virginia Beach has any interest in the underlying
83 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
84 may be requested to convey such interest, provided said documents are approved by the City
85 Attorney's Office.
86
3
'''-~''-'----r----''''''-'
86 SECTION IV
87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
89 VIRGINIA BEACH as "Grantor" and DAVID W. COUCH and MICHELE N. COUCH as
90 "Grantee."
91 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24 thday
92 of February , 2004.
93
94
95 CA-9043
96 January 28, 2004
97
98
99
100
101
102
103
104
105
106
107
108
109
110
APPROVED AS TO CONTENT:
\.\ k'1.'
"}P~
Plann~artment
APPROVED AS TO LEGAL
SUFFICIENCY: Q-
~~--:;2 - '~~
City Attorney ,
4
T ..'"-~.-_._..>-,. .
- 44-
Item V-L.2.
PLANNING
ITEM # 52271
Attorney Edward Bourdon, Pembroke One Building, 5th Floor, Phone: 499-8971, requested DEFERRAL
Captain Tom Keeley, Commanding Officer - NAS Oceana, Phone: 433-292, advised support as this use is
compatible with Oceana 's new Instructions since this is for recreational purposes.
Upon motion by Councilman Maddox, seconded by Councilman Reeve, City Council DE~FERRED until the
City Council Session of March 23,2004, an Ordinance upon application of VIRGINIA BEACH TRA VEL
SOCCER, INC., a Virginia Corporation TIA BEACH FC for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH TRAVEL
SOCCER, INC., A VIRGINIA CORPORATION TIA BEACH FC FOR A
CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AlV
OUTDOOR NATURE (SOCCER FIELDS)
Ordinance upon Application of Virginia Beach Travel Soccer, Inc., a
Virginia Corporation TIA Beach FC for a Conditional Use Permit for a
recreational facility of an outdoor nature (soccer fields) on property located
on the south side of Shipps Corner Road, east of Holland Road (GPIlV
14953733290000). DISTRICT 6 - BEACH
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
}{arry E. Diezel
February 24,2004
~...._..~ ....~"
- 45 -
Item V-L.3.
PLANNING
ITEM # 52272
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon Application of ENTERPRISE RENT-A-CARfor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR FOR
A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTAL
R020431163
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Enterprise Rent-A-Car for a Conditional
Use Permit for motor vehicle rental on property located at 1650 General
Booth Boulevard, Suite 107 (GPIN 24155410780000). DISTRICT 7 -
PRINCESS ANNE
The following conditions shall be required:
1. On-site repairs or maintenance of any motor vehicle shall be
permitted
2. Parking of motor vehicles for rent shall be limited to the rear of
the building
3. No vehicles for rent shall be parked within any portion of a
public right-of-way
4. Sign age on the site must be in accordance with sign regulations
outlined in the City Zoning Ordinance(CZO)
5. This Use Permit is for the rental of motor vehicles on(y. Sale of
motor vehicles shall not be permitted on the site
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two
Thousand Four
February 24, 2004
- 46-
Item V-L.3.
PLANNING ITEM # 52272 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
- 47-
Item V-L.4.
PLANNING
ITEM # 52273
The following registered in SUPPORT:
Attorney R. J. Nutter, 222 Central ParkA venue, Phone: 687-7502, represented the applicant, referenced the
revised Proffers Number 4, which describes an amendment to the Berm Plan and the addition of a new
paragraph 26 to the proffers which addresses the addition of an equestrian trail (in excess of 8 miles).
There will be 54% open space, which is designed throughout the entire development. There will be 33
acres of lakes. About 35% of the property is in the 65 noise zone area, the balance of the property is
completely outside the noise area. All the lots developed, regardless of the noise zone, would be built to
to the noise attenuation standards. Mr. Nutter advised the applicant has agreed to build all of the new
Flanagan's Lane, pay 100% of improving Flanagan's Lane from its terminus at the property out to
Sandbridge Road. The applicants agreed to a traffic impact study to weigh the pro rata share impacts
on the interchange to Sandbridge Road and to pay those as a result of that study. The traffic study
would also review what improvements would be necessary at the intersection of Princess Anne Road
and to pay those 100%. This is a phased project: Phase I will commence in 2006 - 2009, Phase II
2009-2012, Phase III 2012-2015. There will be 104 age restricted homes
Stephen Fuller, Stephen Fuller Places, L.L. C, an architectural firm designing homes, 1027 Eulalia Road,
Atlanta, Georgia, Phone: (404) 261-9187, advised his firm will work with each building in designing
the homes. They design the constructionfor each home to the footprint of the land and each is designed
individually.
Gene Hansen, 22313 Sandfiddler Road, Phone: 721-6736, served on the Transition Area TechnicalAdvisory
Committee and commended the equestrian aspect (close to 20 miles of trails can be utilized).
Captain Tom Keeley, Commanding Officer - NAS Oceana, Phone: 433-292, advised the Navy is on record
with the their letter to the Planning Commission, viewing this use as incompatible. As this
application is on the departure track, there will be high single noise events
Rear Admiral S. A. Turcotte, U.s. Navy, Commander - Navy Region Mid-Atlantic, advised guidelines
have been established and there is some leeway in the Instruction. If there are no other uses available
and the density is kept reasonable with sound attenuation established, these are in the prevue
of the City.
The following registered in OPPOSITION:
Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, advised these plans do not comply with the
Comprehensive Plan that direct access from Princess Anne Road and Nimmo Parkway to adjacent
new development sites, this Plan is discouraged.
Kimberly Johnson, 4412 Reynolds Drive, Phone: 639-4968, represented CCAJN (Concerned Citizens
Against Jet Noise), opposed any residential area that falls within any noise area
February 24, 2004
- 48-
Item V-L.4.
PLANNING
ITEM # 52273 (Continued)
Upon motion by Councilman Reeve, seconded by Council Lady Eure, City Council ADOPTED Ordinances
upon application of ASHVILLE PARK, L.L.C. for the discontinuance. closure and abandonment of a
portion of Flanagan's Lane, Conditional Change of Zoning and Petition for a Variance to S 4.4 (b) of the
Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning
Ordinance (CZO) at the intersection of Sandbridge Road:
Ordinance upon Application of Ashville Park, L.L. Cfor the discontinuance,
closure and abandonment of a portion of Flanagan's Lane east of Princess
Anne Road. DISTRiCT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The City Attorney's Office will make the final determination
regarding ownership of the underlying fee. No purchase price
shall be charged in this street closure because the applicant
shall dedicate a new street to replace the closed portion of
Flanagan's Lane. The closure and the new street shall be
considered an "even trade. "
2. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat shall be submitted and approved for
recordation prior to final street closure approval.
3. The applicant shall verifY that no private utilities exist within the
right-oi-way proposed for closure. If private utilities do exist,
easements satisfactory to the utility company shall be provided.
4. Construction plans for the new street to replace the section of
Flanagan's Lane proposed for closure shall be submitted to the
Development Services Center for review. The new street
proposed by the applicant shall be dedicated, constructed and
approved by Civil Inspections before the requested section of
Flanagan's Lane can be closed. This condition is to ensure
that a means of public ingress and egress shall be provided
between Sandbridge Road and Princess Anne Road at all
times.
5. Cul-de-sacs terminating the two (2) remal1ll1lg sections of
Flanagan's Lane shall be constructed by the applicant on the
subject property of Ashville Park. Construction plans for
the cul-de-sacs shall be submitted to the Development Services
Center.
February 24,2004
- 49-
Item V-L.4.
PLANNING ITEM # 52273 (Continued)
6. Closure of the right-of-way shall be contingent upon
compliance with the above stated conditions within four (4)
years of approval by City Council. If the conditions noted
above are not accomplished and the final plat is not
approved within four (4) years of the City Council vote to
close the right-of-way, this approval shall be considered null
and void.
Appeal to Decisions o.f Administrative Officers in regard to certain elements
of the Subdivision Ordinance, Subdivision for Ashville Park, 1.1. C.
Property is located on the east side of Princess Anne Road, abutting the
north and south sides ofFlanagans Lane to its intersection with Sandbridge
Road. (GPINS 2413071960; 2413066259; 2413167813; 2413363862;
2413464337; 2413570702; 2413555252; 2413754401). DISTRICT 7 -
PRINCESS ANNE
The following condition shall be required:
1. The applicant shall seek a variance from the Virginia
Department of Transportation to allow state maintenance
funding for the substandard pavement width request. If state
maintenance funding is not granted, the Subdivision Approval
shall be considered null and void.
ORDINANCE UPON APPLICATION OF ASHVILLE PARK, 1.1.c. FORA
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND
AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL PD-H2 PLANNED
UNIT DEVELOPMENT DISTRICT (R-30 & P-1). Z02041178
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Ashville Park, 1.1. C. for a Change of
ZoninfJ District Classification from AG-1 and AG-2 Agricultural Districts
to Conditional PD-H2 Planned Unit Development District (R-30 & P-1).
The Comprehensive Plan recommends use of this property for appropriate
growth opportunities consistent with the economic vitality policies of the
City of Virginia Beach. DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court. Noise attenuation shall be included in all
construction.
February 24, 2004
- 50-
Item V-L.4.
PLANNING
ITEM # 52273 (Continued)
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two
Thousand Four
Voting: 9-1
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
Harry E. Diezel
February 24, 2004
,...---.. .
1
2
3
4 ORDINANCE NO.
5
6
7
8 IN THE MATTER OF CLOSING, VACATING ~'P\J'D
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS A PORTION OF FLANAGANS
11 LANE AS SHOWN ON THAT CERTAIN PLAT
12 ENTITLED "PLAT SHOWING STREET CLOSURE OF
13 A PORTION OF FLANAGANS LANE RIGHT-Of-WAY
14 (MB 13, PO 14) AUGUST 28, 2003, VIRGINIA BEACH,
15 VIRGINIA"
16
17
18 WHEREAS, Ashville, L.L.C., a Virginia limited liability company, applied to the
19 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
20 discontinued, closed, and vacated; and
21 WHEREAS, it is the judgment of the Council that said street be discontinued,
22 closed, and vacated, subject to certain conditions having been met on or before four (4) years
23 from City Council's adoption of this Ordinance;
24
25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
26 Beach, Virginia:
27
28 SECTION I
29
30 That the hereinafter described street be discontinued, closed and vacated, subject
31 to certain conditions being met on or before four (4) years from City Council's adoption of this
32 ordinance:
33
34
GPIN: 2413-57-0702,2413-56-6613, 2413-46-4337,2413-36-3862
35
1
35
36 All that certain piece or parcel of land situate, lying and being in
37 the City of Virginia Beach, Virginia, designated and described as
38 "PORTION OF FLANAGANS LANE HEREBY CLOSED,
39 AREA = 101.063 SF OR 2.320 AC." shown as the cross-hatched
40 area on that certain plat entitled: "PLAT SHOWING STREET
41 CLOSURE OF A PORTION OF FLANAGANS LANE RIGHT-
42 OF-WAY (MB 13, PG 14) AUGUST 28, 2003, VIRGINIA
43 BEACH, VIRGINIA" Scale: 1" = 200', dated August 28, 2003,
44 prepared by MSA, P.C., a copy of which is attached hereto as
45 Exhibit A.
46
47
48 SECTION II
49
50 The following conditions must be met on or before four (4) years from City
51 Council's adoption of this ordinance:
52
1.
The City Attorney's Office will make the final detennination regarding
53 ownership of the underlying fee. No purchase price shall be charged in this street closure,
54 however, because the applicant shall dedicate a new street to replace the closed portion of
55 Flanagan's Lane. The closure and the new street shall be considered an even trade.
56
2.
The applicant is required to resubdivide the property and vacate internal
57 lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be
58 submitted and approved for recordation prior to final street closure approval.
59
3.
The applicant shall verify that no private utilities exist within the right-of-
60 way proposed for closure. If private utilities do exist, the applicant shall provide easements
61 satisfactory to the utility companies.
62
4.
Construction plans for the new street to replace the section of Flanagan's
63 Lane proposed for closure shall be submitted to the Development Services Center for review.
64 The new street proposed by the applicant shall be dedicated, constructed, and approved by Civil
2
f 1'IIr"" _._,.......~..'..
65 Inspections before the requested section of Flanagan's Lane can be closed. This condition is to
66 ensure that a means of public ingress and egress shall be provided between Sandbridge Road and
67 Princess Anne Road at all times.
68
5.
Cul-de-sacs terminating the two remaining sections of Flanagan's Lane
69 shall be constructed by the applicant on the subject property of Ashville Park. Construction
70 plans for the cul-de-sacs shall be submitted to the Development Services Center.
71
6.
Closure of the right-of-way shall be contingent upon compliance with the
72 above stated conditions within four (4) years of approval by City Council. If all conditions noted
73 above are not in compliance and the fmal plat is not approved within four (4) years of the City
74 Council.vote to close the street, this approval will be considered null and void.
75
76 SECTION ill
77
78
1.
If the preceding conditions are not fulfilled on or before February 23,
79 2008, this Ordinance will be deemed null and void without further action by the City Council.
80
2.
If all conditions are met on or before February 23, 2008, the date of final
81 closure is the date the street closure ordinance is recorded by the City Attorney.
82
3.
In the event the City of Virginia Beach has any interest in the underlying
83 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
84 may be requested to convey such interest, provided said documents are approved by the City
85 Attorney's Office.
86 SECTION IV
87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
89 VIRGINIA BEACH as "Grantor" and Ashville, Park, LLC as "Grantee."
3
T
90
Adopted by the Council of the City of Virginia Beach, Virginia, on thiS? 4 t- h day
91 of February , 2004.
92
93
94 CA-8914
95 Date January 22, 2004
96 F:\Data\Al"Y\Fonns\Street Closure\WORKING\ca8914.0RD.doc
97
98
99
100
101
102
103
104
105
106
107
108
109
APPROVED AS TO CONTENT:
~ t,l,O~
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY: ~
w~~ ~
City Attorney
4
............_...~.~.-.-.--.....~.....~
1 REV REVISE MA TCHLlNE DESCRIPTIONS
EXHIBIT A
~
A
~
rT7I DENOTES A PORTION
LU.J OF FLANAGANS LANE
HEREBY CLOSED.
AREA = 101,063 sr
OR 2.320 AC.
FRANK T. WILLIAMS
2413-57-0702
(DB 2726, PC; 1085)
(DB 72~ PC; 401)
B
i
II!
i5
-
~ N 6510'2'" W 1917.94'
FlANAGANS LANE (.]I)' H/W)
i'i (MB 258, PC; 59)
~
:I
Iv. II! OU~ JR. ESTA 1E'
2413-36-3862
(1J8 107, PC; 1967)
(MB 13, PC; 14)
,
\
I
I
--~
STEVEN R. & JUDITH A.
BERMAN
2413-56-6613
(MB 117, PC; 49)
(DB 2432, PC; 1578)
/
CLAIIOE PAUL BROWN, TRUSTEE
2413-55-5252
(DB 2757, PC; 148)
(DB 1144, PC; 657)
.
N 6510'21" W
.
FlANAGANS /.ANE (JO' H/W)
I (AlB 254 pc; 59)
,
,
I
[Z1] DENOTES A PORTION
OF FLANAGANS LANE
HEREBY CLOSED.
AREA = 101,063 SF
OR 2.320 AC.
BETTY B. BOURDON
2413-:46-4337
(DB 2757, 'pc; 148)
(DB 1144, PC; 643)
Iv.IY. OUVER, JR. ESTA TE
2413-36-3862
(WB 107, PC; 1967)
(MB 13, PG 14)
PLAT SHOWING
SlREET CLOSURE
MATCH LIE SEE .......1 2 OF A PORTION or
FLANAGANS LANE
RIGHT-Or-WAY
(MS 13, PG 14)
AUGUST 28, 2003
VIRGINIA BEACH, VIRGINIA
III l\fSA. p.e.
. Landscape Architecture . pJ~nniT1g
Surveying. Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (757) of9O.9264 . FAX (757) 490-0634
JOBI 98110
_..<-~,...,---_.......".._._.._-- . ,
DATE: 08/28/03 SCALE: 1-=200'
III
OWN BY: MAS
SHEET 1 OF .3
H! H! OLIVER, .II? ESTA lE
2413-36-3862
(WB 10~ PC 1967)
(MB 13. PC; 14)
L=93.04'
m DENOTES A PORTION
LLnOF FLANAGANS LANE
HEREBY CLOSED.
AREA = 101,063 SF
OR 2.320 AC.
~ ~
~ ~
- ~
~~ ..-
~lt)
~~
~~
~~
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~~w
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N
N
N
Z
Jf)~ PU8/.IC H,AY
AS PER (AlB 1.J PC 14)
LJ..C ,
f1f;L..D~d3 01240
o AlP- 5....~06'
plJ~~~11-P.oO~ 59) . : : . .. .
lJtJEN e 25& ,,' .. ' .. '
1,.,5~ (tJ . .. ' .. .. '
. .. ' .. .. ' · fO OAD
.. .. . 1 20 ..I~ P-
11' N''I~
.; ~55A
pp-I'" .
PLAT SHOWING
STREET CLOSURE
OF A PORTION OF
FLANAGANS LANE
RIGHT-OF - WA Y
(MB 13. PG 14)
AUGUST 28. 2003
VIRGINIA BEACH, VIRGINIA
lVlSA. P.C.
Landscape Architecture. Planning
Surveying. Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (757) of9O.9264 . FAX (757) 490-0634
\
\
,
III
JOBI 98110
DATE.: 08/28/03 SCALE: 1-=200'
OWN BY: MAS SHEET 2 OF 3
-.--", 'I,_."'_~. ,_c,_.~.,~--.--.-___.-,.,_
Sf. W OLI I€!?, .II?
!\. ESTA TE
u 2413-36-3862
(WB 107, PC 1967)
~ (1.18 13, PC 14)
v
L= 79.29'
--
1
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cri
CX)
..-
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UNITED STA lFS COAST Gl./ARO
2~13-2.J-2098
218.005 ACRES
(1.18 13, PC; 14)
3: ~
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en"
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CITY OF VIRGINIA BEACH
F::7l (;PIN: 2413-15-8299
G (08 2668, PC; 1604)
III
",. -""'c........, "
CURVE RADIUS LENGTH BEARING DELTA
C1 202.92 172.18 S46046'S9.W 48037'00.
C2 200.73 161.97 N 4 7.S8' 31 "E 46'3'SS"
C3 149.62 234.94 56goS0'36"W 89OS8'OS"
C4 120.71 166.61 N7Si 7'09"E 79"04'S9"
CS 1 SO. 71 66.14 577.44' 41"E 2s008'39"
C6 119.62 187.83 569OS0'36"W 89OS8'OS"
C7 230.73 186.18 N4 7.58' 31.E 46i3'SS"
C8 172.92 146.73 S46"46'S9"W 48"37'00"
JOBI 98110
LINE
L1
L2
L3
L4
LS
L6
L7
UNE TABLE
LENGTH
100.64
116.21
32.49
27.21
7.14
100.64
30.00
BEARING
N71 "05'29.E
53S"44' 4Q"W
N64'3'1S"W
S79037'00.W
N68' 0' 48.W
S71"OS'29"W
N4S' 0' 45"W
III
PLAT SHOWING
STREET CLOSURE
OF A PORTION OF
FLANAGANS LANE
RIGHT-OF-WAY
(MB 13, PG 14)
AUGUST 28, 2003
VIRGINIA BEACH, VIRGINIA
1M:SA. p.e.
Landscape Architecture" Plannir,
Surveying" Engineering
Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462.3708
PHONE (751) 490-9264 . FAX (757) 490-0634
DATE: 08/28/03 SCALE: 1"=200'
Dv-N BY: MAS
III
SHEET 3 OF 3
TROUTMAN SANDERS LLP
ATTORNEYS AT LAW
I, LIMITED LIABILITY PARTNERSHIP
222 Central Park Avenue
Suite 2000
VIRGINIA BEACH, VIRGINIA 23462
www.trDutmansanders.com
TELEPHONE 757-687-7500
FACSIMILE: 757-687-7510
R. J. Nutter, II
rj. nutter@troutmansanders.com
Direct Dial: 757-687-7502
Direct Fax: 757-687-1514
November 26, 2003
BY HAND DELIVERY
Ms. Faith Christie
Zoning Administration Official
Planning Department
Operations Building, First Floor
Virginia Beach, VA 23456
RE: Ashville Park Proffers
Dear Faith:
Please find enclosed four copies of the revised proffers for Ashville Park. Two of the
copies are blacklined and two of the copies are clean. 'Fhe~only~.bangeS1to.,theproffem!~fOUfid
in>pmffe:r;numbet.4'iwhich describes an amendment to the Berm Plan as a result of a meeting
recently held between my client, Councilman Reeve and residents of Flanagans Lane. The other
change is found l1l>1he;.additionof,.."", new,pat'agraph..26):t(),;the"':proffer~rwhicb'iaddresses'4tht}"
additioD':of<an/ equestrian<traHas'requested at' the, Planning- Gommissiol1. Other than these two
paragraphs and the result of renumbering of the paragraphs following paragraph 26, there are no
changes to the proffers whatsoever.
This will also certify that all of the signatories to the original proffer agreement have
been advised of these changes and have no objection to them whatsoever.
Thanking you for your kind assistance and:5o eration.
/---
/ Very trul~ o~,
(/ >7/1
I ,~.:
/
'tter, II
Enclosure: as stated
cc: Kay Wilson, Esquire (w/enc.) (via hand delivery)
253170
ATLANTA. HONG KONG. LONDON · NORFOLK. RALEIGH. RICHMOND
TYSONS CORNER · VIRGINIA BEACH · WASHINGTON, D.C.
FORM NO. P.S. 1 B
Cit:)T of Virgir1ia 13e~ch
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. DF-5797
DATE: November 28,2003
TO:
Leslie L. Lilley
B. Kay Wilson ~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
Ashville Park, L.L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 9, 2003. I have reviewed the subj ect proffer agreement, dated
September 5, 2003, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue
Suite 2000
Virginia Beach, Virginia 23462
(757) 687-7500
AGREEMENT
THIS AGREEl\1ENT, made this 5th day of September, 2003 by and between
ASHVILLE P ARK~ L.L.C., a Virginia limited liability company (hereinafter referred to as
"Grantor"), the contract purchaser of certain parcels of property generally located in the Princess
Anne Road Election district of Virginia Beach, Virginia, which property is more fully described
on Exhibit A attached hereto (hereinafter the "Property"); EDDIE LEE COOPER and LINDA
C. COOPER, now known as LINDA C. ACKISS; REBECCA ANN CULLIPHER and
ROGER ELLIOTT MALBON; WILLIAM W. OLIVER and LYNN O. ADAMS,
TRUSTEES UNDER A TRUST AGREEMENT UNDER WILL OF W.W. OLIVER~ JR.;
BETTY B. BOURDON; R. EDWARD BOURDON~ .JR. and PAUL S. BOURDON; FRANK
T. WILLIAMS and NORWOOD C. LAND (hereinafter collectively referred to as "Grantor"),
the current owners of the Property; and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Conunonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
from AG-l and AG-2 to R-30 and P-l with a PDH-2 overlay on certain property which contains
GPIN NOS.: 2413-07-1960-0000
2413-0~6259-0000
2413-16-7813-0000
2413-57-0702-0000
2413-36-3862-0000
2413-46-4337-0000
2413-55-5252-0000
2413-75-4401-0000
'""~""".,"'-".~/lIi'_<"""'__"'. .<.
approximately 474 acres, more or less, located in the Princess Anne Election District of the City
of Virginia Beach, Virginia, which property is more particularly described in the attached
Exhibit A; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned R-30 and P-l with PDH-2
overlay are needed to cope with the situation to which the Grantor's rezoning application gives
rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing R-30 and P-l with a PDH-
2 overlay zoning district by the existing City's Zoning Ordinance (CZO), the following
reasonable conditions related to the physical development, operation and use of the Property to
be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of
which have a reasonable relation to the rezoning and the need for which is generated by the
rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
2
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusi ve evidence of such consent.
NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid oro QUO for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest
or title, namely:
1. The Property shall be developed substantially as shown on the "Master Plan of
Ashville Park Virginia Beach, VA" dated 8/29/03 and designed by Stephen Fuller Places, lLC in
conjunction with MSA, P.C., a copy of which has been exhibited to City Council and is on file
with the Virginia Beach Planning Department (hereinafter, the "Master Plan").
2. The principal entranceway to the Property shall be from Princess Anne Road
which shall be substantially similar in design and quality to the exhibit entitled "Community
Entrance Princess Anne Road" a copy of which is contained within Section V of the development
manual entitled "Ash vi lIe Park" prepared by Stephen Fuller Places, lLC, a copy of which has
3
._,--- t
been exhibited to the City Council and is on file with the Virginia Beach Planning Department
(hereinafter the "Manual").
3. A second entranceway to the Property is located at Flanagans Lane near the
intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design
and quality to the exhibit entitled "Community Entrance Flanagans Lane" prepared by Stephen
Fuller Places, LLC, a copy of which is contained within Section V of the Manual.
4. Prior to the issuance of the first residential building permit within Village C and
upon completion of at least two lanes of the public right-of-way running through Ashville Park
from Princess Anne Road to the second entranceway of the Property at Flanagans Lane as
referenced in proffer number 3, Grantor shall cul-de-sac Flanagans Lane within the confines of
Ashville Park at two locations where depicted on the Master Plan. In addition to this
improvement, when developing Village D, Grantor shall maintain a 100' buffer area along the
northern perimeter of Village D which buffer shall be measured from the northern most property
line of Ashville Park adjacent to Village D. Within this 100' buffer area, Grantor shall install an
undulating berm and solid 6' high fence, substantially as shown on the Exhibit entitled
Conceptual Site Layout Plan of Ashville Park, Berm Plan, Virginia Beach, VA., dated 9/17/03,
prepared by MSA, P.C., which plan shall have been exhibited to City Council and on file in the
Planning Department of the City of Virginia Beach (hereinafter "Berm Plan"). Any multi-
purpose equestrian trails or pedestrian paths located adjacent to the berms shown on the Berm
Plan, shall be located on the side of the berm facing Ashville Park.
STREETSCAPE
5. The Grantor shall dedicate to the City of Virginia Beach sufficient land along the
portions of the Property adjacent to Princess Anne Road of 55' in width as measured from the
centerline of the right-of-way, to accommodate an ultimate 110' right-of-way. In addition to said
dedication, Grantor agrees to dedicate to the City an additional 150' wide buffer as measured
from the ultimate right-of-way dedication. The dedicated buffer shall be for public purposes
4
"t.--....-...-.. .
including open space, buffers, landscaping, utilities, roadways and trail purposes. Said buffer
shall not restrict the development of the "Community Entrance Prospective" within Section V
within the Manual. .
6. The Grantor agrees that during the detailed site plan review to conduct a Traffic
Impact Study of the impacts of Ashville Park. The Grantor agrees to substantially complete or
bond the required improvements on Princess Anne Road at the entrance to Ashville Park that are
called for in the Traffic Impact Study. Said improvements shall be substantially completed or
bonded prior to the issuance of the first permanent occupancy permit for residents within
Ashville Park.
7. The internal streets within Ashville Park shall be designed and constructed in
accordance with the exhibit entitled "Typical Street Sections Plan of Ashville Park Princess
Anne Road, Virginia Beach, Virginia", prepared by MSA, P .C., which exhibit has been displayed
to the City Council of the City of Virginia Beach and is on file in the Virginia Beach Planning
Department (hereinafter "Street Section Plan").
8. All rolled curbs, drop inlets and sidewalks depicted on the Street Section Plan
shall have an exposed aggregate finish.
9. All street lighting installed on the Property shall be a decorative style fixture and
the height and separation of street lights shall be determined during the detailed site plan review.
10. The trees planted within and adjacent to the public right-of-ways on the Property
shall be double the total tree canopy requirements for public right-of-ways as set forth in the
Department of Public Works Landscape Manual of the City of Virginia Beach.
11. Subject to confirmation by the City of the necessary 50' wide right-of-way widths
and receipt by the City of all environmental permits from the Army Corp of Engineers and
Department of Environmental Quality, Grantor shall substantially improve or bond the costs of
right-of-way improvements to Flanagans Lane beginning from the eastern-most entranceway to
5
the Property from Flanagans Lane, continuing in an easterly direction to the intersection of
Flanagans Lane and Sandbridge Road. Said improvements shall be substantially completed or
bonded prior to the issuance of final occupancy permit for the first residence in Village D, E or F
as depicted on the Master Plan. Said improvements shall be the widening of the existing lane
with and the piping of the adjacent ditches, together with the portion of the future right-of-way
traffic simulation generated by Ashville Park as determined during the detailed site plan review
and the Traffic Impact Study performed by Grantor. These improvements shall be consistent
with CIP Project No. 2.021.000 for rural road improvements in the City of Virginia Beach's
Capital Improvement Program.
THE VlLLAGES OF ASHVll.LE PARK
12. The Grantor shall record a Master Deed of Covenants, Conditions and
Restrictions ("Restrictions") governing the Property. All land owners within the PD-H2 District
shall be members of a Home Owners Association responsible for maintaining collectively all
common areas on the Property. The Restrictions shall be enforced by one or more Home Owners
Association, which Restrictions, shall among other things, restrict the use of the open space areas
for any purpose, but recreation and open space use. Such covenants shall run with the land and
be in full force and effect for a period of at least fifty (50) years. These covenants shall become
part of the deed of each lot or parcel within the development. Such covenants shall be approved
by the City Attorney and recorded before the first building permit in the project is issued.
The Restrictions shall among other things require that every residential unit within
Villages B and E as shown on the Master Plan will be occupied, on a full-time basis, by at least
one (1) adult resident of fifty-five (55) years of age or older. The Restrictions shall also prohibit
persons under eighteen (18) years of age from residing in any residential unit within Villages B
or E for more than one hundred twenty (120) days in any calendar year.
13. The total number of units developed in Village B shall not exceed 104 and the
total number of units developed in Village E shall not exceed 56. All such units within Village B
6
shall be single-family detached dwellings. The minimum lot size, internal open space area,
buffers and acreages for each Village shall be as set forth in the Master Plan.
14. Villages A, C, D and F shall be developed substantially as depicted on the Master
Plan. The total number of units developed in Village A shall not exceed 135 units. The total
number of units developed in VillI age C shall not exceed 94 units. The total number of units
developed in Village D shall not exceed 45. The total number of units developed in Village F
shall not exceed 56. All units shall be single-family detached dwellings within these Villages.
The minimum lot size, internal open space area, buffers and acreages for each Village shall be as
set forth in the Master Plan.
15. The linear parks depicted within Villages A, C, D and F shall be maintained by
the Home Owners Association and no structure shall be allowed within the linear par~s other
than uniform fencing, or other uniform decorative features, and mailboxes. The Pocket Parks
depicted on the Master Plan shall be developed and constructed substantially as depicted on the
Master Plan. The Pocket Parks shall be owned and maintained by the Home Owners
Association. All sidewalks and trails located outside of the public rights-of-way shall be
maintained by the Home Owners Association.
16. A Letter of Map Amendment ("LOMA") must be approved by FEMA before any
development may proceed within any Special Flood Hazard Area.
17. The residential lot tree canopy for each residential lot on the Property shall be
double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Request
Table" in effect as of September 1,2003.
18. A minimum 50' buffer shall be established on the perimeters of the Property as
shown on the Master Plan. No structures shall be allowed within the buffer area and the buffer
area shall be maintained by the Home Owners Association. No community wide or other activity
other than maintenance shall occur within the Buffer area.
7
RECREATIONAL AND OPEN SPACE AREAS
19. Two Recreational Activity Areas shall be designed, constructed and built on the
Property substantially where indicated on the Master Plan. Both facilities shall provide indoor
amenities, meeting rooms and active outdoor recreational amenities. No outside recreational
fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall
not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any
such lighted tennis courts must be setback a minimum of 150' from a residential property line.
Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed
downward toward the swimming pool or tennis courts play area.
20. The recreational facilities shall be substantially similar in quality, design and
character to the exhibits entitled "Community Amenities" as contained in Section VI in the
Manual. It is recognized that with a development of this size, detailed building plans may change
as the development of Ashville Park progresses. The intent of the renderings is to demonstrate
the architectural style and building quality of these facilities. Final elevations for these structures
shall be submitted to the Planning Director to assure compliance with this proffer.
21. In addition to the buffer areas, linear parks, pocket parks and Village Greens
within Villages A, B, C, D, E and F, Grantor shall set aside as open space the areas shown on the
Master Plan. Said areas shall be for the benefit of the owners of property within Ashville Park.
These areas shall be set aside for passive enjoyment and recreation for uses such as Lakes,
Meadows, Forested Areas and Landscaped Vistas. These areas shall be maintained by the Home
Owners Association.
22. No portion of the Property that has been designated as a jurisdictional wetland by
the U.S. Army Corp of Engineers shall be disturbed.
23. The combined areas set aside for recreation and open space on the Property should
not be below fifty-four percent (54%) of the current gross acreage of the Property. The different
8
-"",.....~........~,....--..,..,.-
types and acreages of open spaces provided within Ashville Park shall be substantially as
specified on the Master Plan.
24. Grantor shall donate $1,000.00 for each residential lot developed on the Property
to the City of Virginia Beach Department of Parks and Recreation into the Open Space Site
Acquisition program more specifically referred to as CIP Project No. 4.004.000. Grantor's per
lot donation should be paid to the City at the time of the issuance of each building permit for
each residential lot within Ashville Park. If all or a portion of said donated funds have not been
used by the City of Virginia Beach within twenty (20) years for the purpose for which they were
dedicated, then they may be used by the City of Virginia Beach for other municipal purposes, as
the City shall in its sole discretion deem appropriate.
OPEN SPACE;
PEDESTRIAN AND BIKE TRAILS
25. Grantor shall construct a series of sidewalks and trails that are designed to provide
pedestrian accessibility within each Village, and pedestrian and bike connections between each
Village and to adjacent properties substantially as shown on the Exhibit entitled "Connectivity
Plan" prepared by Stephen Fuller Places, llC, which plan is part of the Manual. The sidewalk
system adjacent to right-of-ways and residences shall be constructed of concrete with an exposed
aggregate finish. The path system within the Village Greens, the Pocket Parks and other open
space areas shall be finished in hard surfaces such as asphalt or compacted clay. Such trails shall
be designed substantially in accordance with the quality levels and design features as depicted on
the exhibit entitled "Open Space" prepared by Stephen Fuller Places, llC, which exhibit is part
of the Manual. While not all portions of the trail system within Ashville Park will be open to the
public, Grantor shall provide a continuous trail system from Princess Anne Road to Flanagans
Lane that will be open to the public either through easements over some of the trails on the Home
Owners Association property, or the provision of sidewalks and trails within the public right-of-
way section between Princess Anne Road and Flanagans Lane.
9
, _...,...._^_..~.............-."'~.....,
26. Grantor shall construct a Multi-PurposelEquestrian Trail substantially where
indicated on the exhibit entitled "Connectivity Plan w/Multi-PurposelEquestrian Trail" prepared
by MSA, LLC in conjunction with Stephen Fuller Places, LLC, which exhibit has been displayed
to City Council and is on file in the Planning Department of the City of Virginia Beach
(hereinafter "Equestrian Trail Plan"). The Multi-PurposelEquestrian Trail shall be approximately
8' in width, constructed of compacted earthen material, compacted clays or similar compacted
material substantially as depicted on the "Trail Section" shown on the Equestrian Trail Plan. The
Multi-PurposelEquestrian Trail shall be open to the public.
THE RESIDENCES AT ASHVTI.LE PARK
27. Grantor shall include within the Restrictions governing the Property, a
requirement that the de~ign and building materials for all fences, homes and accessory structures
must be reviewed and approved by an Architectural Review Committee of the HOA to insure
design and quality compatibility. Said restrictions shall run with the land as allowed under the
laws of the Commonwealth of Virginia.
28. All residential dwellings constructed on the Property shall have visible exterior
surfaces, excluding roofs, porches, windows, doors, trim and sofets, consisting entirely of all or
any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials.
29. All residential dwellings constructed on the Property shall be constructed with a
minimum of a two (2) car garage.
30. All residential dwellings constructed within Villages A, C, D and F shall contain
no less than 2,400 square feet of enclosed living area, excluding garage area, for anyone-story
dwelling and no less than 2,600 square feet of enclosed living area, excluding garage area, for
any two-story dwelling.
31. All residential dwellings constructed within Villages B and E shall contain no less
than 1,800 square feet of enclosed living area, excluding garage area, for anyone-story dwelling
10
",~,-----,.---,-".,,,, ,
and shall contain no less than 2,400 square feet of enclosed living area, excluding garage area,
for any two-story dwelling.
32. Grantor shall utilize low impact development techniques where possible on the
Property to encourage storm water treatment and ground water recharge and discourage storm
water runoff and erosion.
33. All residential dwellings constructed on the Property shall be constructed in
accordance with the construction criteria applicable to homes located within the 70 to 75 dB
Ldn/STC ratings of not less than 44 for roof/ceiling/exterior walls and 33 for windows/doors,
even though no portion of the Property is located within this noise zone.
DEVELOPN1ENT REOUIRENlENTS
34. The dimensional requirements applicable to development of all portions of the
Property except Villages B and E shall be as follows:
Minimum Lot Area in Square Feet: 12,000 (Villages D and F)
20,000 (Villages A and C)
Minimum Lot Width in Feet: 100
Minimum Front Yard Setback in Feet: 50' for 20,000 square foot lots and 30' for
lots less than 20,000 square feet
Minimum Side Yard Setback in Feet: 10
Minimum Side Yard Setback Adjacent to a Street in Feet: 30
Minimum Rear Yard Setback in Feet: 20
Accessory structures of no more than 150 square feet: 5' rear and side yard
setbacks
Maximum Lot Coverage: 30% for lots 20,000 square feet and greater and 350/0
for lots less than 20,000 square feet
11
Minimum Setback from Sidewalk for lots containing linear parks: 15' from edge
of sidewalk
Maximum Height 42 feet in Villages A and C and 38 feet in Villages D and F
35. The dimensional requirements applicable to development within Villages Band E
on the Property shall be as follows:
Minimum Lot Area in Square Feet: 7,500
Minimum Lot Width in Feet: 75
Minimum Front Yard Setback in Feet: 30
Minimum Side Yard Setback in Feet: 5 & 10
Minimum Side Yard Setback Adjacent to a Street in Feet: 20
Minimum Rear Yard Setback in Feet: 20
Accessory structures of no more than 150 square feet: 5' rear and side yard
setbacks
Maximum Lot Coverage: 35%
Maximum Height in Feet: 35 (not to exceed two stories)
36. Further conditions mandated by applicable development ordinances may be
required by the Grantee during detailed Site Plan and/or subdivision review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City
Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
12
The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank]
13
GRANTOR:
ASHVll.,LE PARK, L.L.C.
A Virginia limited liability company
BW ~4.L-~~~~6-l~
e: ~ _ W A~ A~".,~ tf .-;:
Title: M.--~, -. - ~ 1M - ~~
STATE OF VIRGINlA
CITY OF _~ ~oc~ , to-wit:
Ad ^
The foregoing instrument was aclmowledged before me this ~3 day of ~-r.~
2003, by fl.. , personally known to me to be the
::p~k'~~C~:1grmp:' 'a limjed ~~~bi{Y\li~ ~~~~~
on behalf of the Company. qJ:!' _~ ~ ....'ll,.WUII>"'I
:.rtJ0Jtl4 ~~. (\~ ~
" I I ~ Public
My Commission Expires: l ~ 3 1,_ () ~
14
-~.""* ,.~---_......-......."'.-
Signature Page of
Eddie Lee Cooper
To fro~fer AgreeItlent
D d4'-. "'A'.." ~/l h;-j c:: 2003
ate -.A' IJ t1'{ i i ,.Y--I ....j,
I
E~~(~~
STATE OF VIRGINIA
,/,,-,. '. ~-~" 1 ,], I (~,.....
CITY OF ~ t '''-if n lj~ J ,,.v'U' J,/' .~ , to-wit:
1
~.
,r"": .cJk ' L" n j ~ l,"-
The foregoing instrument was acknowledged before me this.;;~' -" day of <__~,./ [t (;:1 fL),' ( ,
~200~1 ~ ~dd~e ~~~?~~e{, w~o,i~ person~ly ~own.to me or who has presented h~ ;-::;~
r:J(.ft t-.. ,~t(fU{ I /lr, ....j (. A,,(. _-:: /11'..1' I, Sg/ as Identtficatton.=-.
" "
~1 ,7 t/~
1",J~1/ / __"-_.f.'__"
/) C(J
J" (~L--t',--.;-
Notary Public :/
My Commission Expires: ;,f' -3 I ~ (; r;:;;
I was originally commissioned as
Pamela T. Stillman, Notary Public
15
Signature Page of
Linda C. Ackiss
To ~,..roffer 1\gre~ent
Dated ~"1 (rtf{t,IJ~( :..J , 2003
STATE OF VIRGINIA
~.'1
~'0~ e /I,-k:- J;
Linda C. Ackiss (formerly Linda C. Cooper)
-C~~~~ -
(hcl- A 71j :Lv ft;,c f)
CITY OF
fJ..u~'t () i , to-wit:
" .
The foregoing instrument was acknowledged before me this J.01~ay ofY pl.t'rrd7(,
2003, by Linda C. Ackiss (formerly Linda C. Cooper) who is personally known to me or has
I'. fll) :\1""';"'f6::X fi r j i ,. v - /i. '
presented r"ji.? . Vl.,:)J{;"'(,L~ 1'(,,~, , as identification. OCl .~~'};P L./- ~ L OC)/:;.:;;;.,- ) !/l,.Cr-
:: /1.-1 '-u/r:,"; i. / '...-;" nc 1" . .--/ "
~-/74 ,I ....~ I I' '.
J ! . " '" ('"1 ,,1
. - {~./'/'Y~:' L~- ..;.../. V~/;. .)--
Notary Public ~/
My Commission Expires:
~?-~/~{Jb
I was originally commissioned as
Pamela T. StiUman, Notary Public
16
. ..."...---,.-.---.- .
Signature Page of
Rebecca Ann Culli~r
To Proffer Agreement
Dated C\ - S , 2003
.
-Ilk-f/('J D./lt~ G,Ll~)
Rebecca Ann Cullipher
STAlE OF VIRGINIA
CITY OF"\\, ~ ~t\.;' ~~~r'h , to-wit:
The foregoing instrument was acknowledged before me thi~~ (<l day of
~~'<<'..~~ , 2003, by Rebecca Ann Cullipher, who is personally known to me or who has
presented as identification.
~d~ /?t1./~~&,
Notary Public
My Commission Expires: L, - "&0- O~
17
T ~ '.._........F..
Signature Page of
Roger Elliott Malbon
To Proffer Agreement
Dated -9. .5 , 2003
(~r~-
Roger Hiott Malbon
STATE OF VIRGINIA
CITY OF~ ~~~c~ ~ to-wit:
The foregoing instrument was aclrnowledged before me this ~ day of
b~~",~~, ~ 2003:> by Roger Elliott Malbon, who is personally known to me or who has
presented as identification.
~~ yrf~~ f1h,J'
Notary Public
My Commission Expires: (.p -~ 0 -0'5
/
18
SEP 17 2003 16:11 FR TROUTMAN
SANDERS LLP57 687 7510 TO
9,6242631
P. 19
Sipature Page of
\Villiam W. OUver, V, Trustee
To l~otr~ Agreement
DMled ~':>i.~t ~ ..S .2003
~ A . /7//2/ --i
. '../~~. / /U~,." / L~ 11'
ilJ1 W. Oliver. V. Trustee under a Trost
Agreement Unda Will of W.W. Oliver. Jr.
STATE OF VnUiINIA
crry ~F (l,,~, t./ ~ - . to-wit: _
ifI., t1-i''hL--- J-. m. H<=.'- /1j.k_.....,~ ;"" l-~..:-'" ~.....
'<,The foregoing instnUna1t was aCknoW\edet:d before me tbis2~ day of .' 5l1"!:;:J:Jc.::,- _,
2003, by'William W. Oliver, V, Trustee under a Tn1.~t Agreement Under ;Will Of W.W. Oliver.
Jr.. who is penlollaUy known to U)c or who has preft't:lltcd t'Jt~ I:): I~C. 4i<='C'~ as
identification.
~._~
, btL:~, _ ' j
. Notary Public ;
My Commission Ex.pirc..c;: 11 '-,~O-O(O _
19
SEP 17 2003 16:11 FR TROUTMAN SANDERS LLP57 687 7510 TO 9,6242631
P.20
Sjgnatur~ Page nf
Lynn O. AdaDJi, TnlRtee
'1'0 PrGffer ~nt
t"""': .
Dated .~ t (> t-_ , 2003
f;o 'tl4.k- L /JI/L_
L' ~ Adams, Trust~ under a Trust
AgreementUnde.r Will nfW.W. OlivCt, Jr.
STATE OP vmOiNlA
f} {\, 1
CITY OF --2~'-J~ I .,- ~ to-wk _ ~
d ~~._' i....- i,1. /I<./j ;9- i-I~""<:"i (""' /--,..:. i- I~/- (I
~nu,": foregoing instrwntmt was acknOwledged bcf~ me thlS.;'A/.day of ;J €.f J-r::.~~ "./-- .
~OO3, by Lyull O. Adams. T2Ustee under a Tru~t A;n=em9~t Unde~ Will of w".W. O\jVC~r Jr., who
IS personally k.J1own to me or who has presented {,'J1- 11:;, J".". ^-,. ,~".,,< as tdentiflCRtlCln.
A bt~ u9r--! J1 p} iA.f
Lf Notary Public '-.j
My Commission Ex.pi1-e~: - .:30 - 0 (0
20
T
Signature Page of
Betty B. Bourdon
To Proffer Agreement
Dated s..~f. S- , 2003
);7' ~ eo ~ Tlt-h/"i~J~';',.r ~~
Betty B. Bourdon ' /
STATE OF VIRGINIA
CITY OF V ~~ &th to-wit:
Ad
The foregoing instrument was acknowledged before me ~ day of ~~
2003, b Betty B. Bourdon, who is personally lmown to me or ,,~h€l ~ flr8~~'t't;d
as iaeBlineatiQR.
· ~J
~"", r~
1 ~: J'rl~(1\ I.
;1vjZ/ t. .1.(/ f:> (
ff)~~~f1~ t~
Notary Public
My Commission Expires:
.....~..""~.......-'._"~.,.._-,.~ .
21
Signature Page of
R. Edward Bourdon, Jr.
To Proffer Agreement
Dated ~~e..W\~.e-r S- ,2003
~~
--
R. Edward Bourdon, Jr.
STATE OF VIRGINIA
CITY OF '" l R-& uJ l~ 'B~to-wit:
The foregoing instrument was acknowledged before me this,,~~ay of~,
2003, by R. Edward Bourdon, Jr., who is personally mown to me or who has presented
as identification.
/ .
&n%OtaIy p{(i1ZJ
My Commission Expires:
n<:nl- &O~ 2a)~
,
22
-.,.. ..r----........-.-.,--..~".. ..,
Signature Page of
PaulS. Bourdon
To Proffer Agreement
Dated S~, r. ~- , 2003
~i .';1/-- (? ~
Paul S. Bourdon
tlH>~ -I:' . f. cf
STATE OF VIRGINIA
CUYOF ~tfJJ\,to-wit:
~ ~~('" .API ~
At~ ". The foregoing instrument was aclmowledged before me this M. day of ,
'\JW~~~ 2003~Paul S. Bourdon, who is personally known to me Qr 'Vgg 11~< pT..~pnted
t'~.. ~ as iaentiii"GL.iull.
... .
My Commission Expires: 1~/3 J J O.J
m~t~
tary Public
. ,
23
. --...........'"'--'-~-----~~,..,.-
Signature Page of
Frank T. Williams
To Proffer Agreement
Dated ~ - ~ ,.,2003
~ruJ~
Frank T. Williams
STATE OF VIRGINIA
CITY OF ~\~ ~~, ,~E'> ~\, to-wit:
The foregoing instrument was acknowledged before me this ~ day of
~~~cu- ~ 2003~ by Frank T. Williams:> who is personally known to me or who has
presented as identification.
My Commission Expires: ~ - ~ C> -C) S
0C1A(cl.1 J..(j? /1(.( <-,-oJ>> )j.
Notary Public
24
*"- .......-'""'....-,........---...'....-.
Signature Page of
Norwood C. Land
To Proffer Agreement
Dated --.-S .. s , 2003
~~<~J)I ?-J~
Norwood C. Land (
STATE OF VlRGINIA
CITY OF ~-, '~o'"i,.~e~", to-wit:
The foregoing instrument was acknowledged before me this ~~ day . of
~e.~~C" , 2003, by Norwood C. LancL who is personally lmown to me or who has
presented as identification.
0aw/t^~ I1t,-<f~tJ
Notary Public
My Commission Expires: tc - ~O - (:) ~
25
EXHIBIT A
Legal Description
PARCEL ONE
CGPIN No. 2413-07-1960-0000)
ALL THAT certain tract, piece or parcel of land, with the improvements thereon
and the appurtenances thereunto belonging, situate, lying and being in Seaboard
Magisterial District, City of Virginia Beach, Virginia, fronting on the Pungo Road,
bounded by the property of Cameron Munden, formerly William H. James, by the
property of the United States, the woodland formerly of William H. James, now
White and others, and the Pungo Road, containing 39 acres, more or less, excepting
the parcel of one acre, more of less, conveyed to Melvin D. Cooper by deed of
Mitzie Cooper and other, dated April 9, 1951 and duly of record in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book
285, at page 177.
LESS AND EXCEPT that portion of the property taken by the City of Virginia
Beach in Deed Book 3020, at page 976.
IT BEING the same property conveyed to Melvin D. Cooper and Mary E. Cooper,
husband and wife, tenants by the entirety by deed of Melvin D. Cooper and Mary E.
Cooper, husband and wife, dated September 20, 1979 and recorded in Deed Book
1969, at page 187. The said Melvin D. Cooper died testate (WE 69, P 1860) and
the property vested in Mary E. Cooper by operation of law. The said Mary E.
Cooper died testate April 6, 2000 and pursuant to the terms of her Will recorded in
Will Book 103, at page 1675 devised the property to her children, Eddie Lee
Cooper and Linda Ann Cooper (now known as Linda C. Ackiss).
PARCEL TWO
CGPIN No. 2413-06-6259-0000)
ALL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, lying, situate and being in the City of Virginia Beach,
Virginia, being more particularly bounded and described as follows:
Beginning at a point in the center line of the Pungo-Nimmo Road,
which point is opposite the point of intersection of the property
hereby conveyed, the property of O.S. Chaplain and the edge of the
right of way of said road, and from said point of beginning running
along the center line of said road North 15015' West 66 feet to a
point~ thence still along the center line of said road North 210:30'
26
-..............,.,'~.~'~--......".,-"-
West 50 feet to a point; thence still along the center line of said of
said road North 36045' West 465 feet to a point; thence still along
the center line of said road North 350 West 100 feet to a point;
thence still along the center line of said road North 25030' West 100
feet to a point; thence still along the center line of said road North
22015' West 300 feet to a point; thence turning and running at an
angle across the Easterly side of road South 63030' East 41 feet to a
blazed pine; thence South 63030' East 170 feet to a holly; thence
turning and running North 23030' East 361' feet to a gum; thence
North 7015' East 396 feet to an iron pin; thence turning and running
North 790 East 30 feet to an oak; thence North 790 East 90 feet to a
point; thence along the center line of a ditch North 730 East 200 feet
to a point; thence North 750 East 129 feet to a point; thence turning
and running along a line 5 feet from the center line of a ditch South
4030' West 400 feet to a point; thence still continuing 5 feet from
the center line of said ditch South 700' East 400 feet to a point;
thence South 120 East 177 feet to a point; thence South 0030' West
230 feet to a point; thence South 17030' West 340 feet to an iron
pin; thence turning and running North 71030' West 130 feet to a
pine scrag; thence North 73<>:30' West 73 feet to a point in the center
of said Pungo-Nimmo Road to the point of beginning; said tract of
land containing 20.5 acres as shown by said plat.
LESS AND EXCEPT those portions of the property conveyed to the
City of Virginia Beach in Deed Book 3050, at page 2023, and in
Deed Book 3494. at page 11.
IT BEING the same property conveyed by Kenneth Malbon by deed
from Willard L. White and Evelyn C. White, his wife, dated March
31, 1944 and recorded October 6, 1944 in Deed Book 224, at page
581. The said Kenneth Malbon died testate August 19, 1962, and
pursuant to the terms of his Will recorded in Will Book 24, at page
194, devised the property to Ida Mae Malbon. The said Ida Mae
Malbon died testate June 29, 2001, and pursuant to the terms of her
Will recorded in Will Book 107, at page 2463, devised the property
to her children, Rebecca Ann Culliper and Roger Elliott Malbon.
27
.....~~_.......'.___ ~______....'._. '~r'_
PARCEL THREE
(GPIN No. 2413-16-7813-0000)
ALL THAT certain piece or parcel of land with the buildings and improvements
thereon, lying, situate and being in the city of Virginia Beach, Virginia, and being
identified as GPIN 2413-16-7813-0000.
IT BEING a part of the same property conveyed to W.W. Oliver, Jr. aJkJa
William W. Oliver, IV by deed dated August 26, 1960 from the United States of
America recorded in Deed Book 647, at page 212. The said W.W. Oliver, Jr.
died testate May 21, 2001 and pursuant to the terms of his Will recorded in Will
Book 107, at page 1967, devised the property to William W. Oliver, V, Elizabeth
S. Oliver and Lynn O. Adams, as Trustees under a Trust Agreement described in
said Will. The said Elizabeth S. Oliver died on October 18, 2000, leaving
William W. Oliver, V and Lynn O. Adams as the surviving Trustees.
PARCEL FOUR
(GPIN No. 2413-57-0702-0000)
ALL THAT certain tract, piece or parcel of land, with the buildings and
improvements thereon, situated near Tabernacle Church in Seaboard Magisterial
District, City of Virginia Beach (formerly Princess Anne County), Virginia,
bounded on the North by the lands of Russell and Oscar Hill; on the East by lands
formerly of the Shaw Land and Timber Company; on the South by the lands of
Earley W. Eaton, and on the West by the lands of Abner Malbone and Oscar Hill,
containing as shown on the assessment books as seventy-three (73) acres.
LESS AND EXCEPT property conveyed to the County of Princess Anne for road
purposes recorded in Deed Book 178, at page 372.
LESS AND EXCEPT property conveyed dedicated to the City of Virginia Beach
recorded in Deed Book 2726, at page 1085.
IT BEING a portion of the same property conveyed to Frank T. Williams by deed
from Laura E. Flanagan, widow and not remarried, dated March 21, 1962 and
recorded March 23, 1962 in Deed Book 723, at page 401.
PARCEL FIVE
(GPIN No. 2413-36-3862-0000)
ALL THAT certain piece or parcel of land with the buildings and improvements
thereon, lying, situate and being in the City of Virginia Beach, Virginia and being
identified as GPIN 2413-36-3862-0000.
28
" -.... "'''~'1'-''--'."' " '.'
IT BEING a part of the same property conveyed to W.W. Oliver, Jr. alkJa
William W. Oliver, IV by deed dated August 26, 1960 from the United States of
America recorded in Deed Book 647, at page 212. The said W. W. Oliver, Jr.
died testate May 21, 2001 and pursuant to the terms of his Will recorded in Will
Book 107, at page 1967, devised the property to William W. Oliver, V, Elizabeth
S. Oliver and Lynn O. Adams, as Trustees under a Trust Agreement described in
said Will. The said Elizabeth S. Oliver died on October 18, 2000, leaving
William W. Oliver, V and Lynn O. Adams as the surviving Trustees.
PARCEL SIX
(GPIN No. 2413-46-4337-0000)
ALL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, lying, situate and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as 56.5464 Acres as shown
on that certain plat entitled "SURVEY OF PROPERTY OF BETTY B.
BOURDON DB 1144, P 643 AND CLAUDE PAUL BROWN TRUSTEE OF
THE ESTATE OF STEPHEN PAUL BROWN DB 1144, P 657, PRlNCESS
ANNE BOROUGH, VIRGINIA BEACH, VA," which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
in Deed Book 2757, at page 148.
IT BEING the same property conveyed to Betty B. Bourdon by deed from Lillian
Eaton Brown, widow, Claude Paul Brown and Lillian Eaton Brown, Executors
and Trustees of the Last Will and Testament of Stephen Paul Brown, deceased,
dated December 29, 1969 in Deed Book 1144, at page 643.
PARCEL SEVEN
CGPIN No. 2413-55-5252-0000)
AlL THAT certain lot, piece or parcel of land with the buildings and
improvements thereon, lying, situate and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as 60.0411 Acres as shown
on that certain plat entitled "SURVEY OF PROPERTY OF BETTY B.
BOURDON DB 1144, P 643 AND CLAUDE PAUL BROWN TRUSTEE OF
THE ESTATE OF STEPHEN PAUL BROWN DB 1144, P 657, PRINCESS
ANNE BOROUGH, VIRGINIA BEACH, VA," which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
in Deed Book 2757, at page 148.
IT BEING the same property conveyed to Claude Paul Brown, Trustee under Will
of Stephen Paul Brown, deceased, by deed from Lillian Eaton Brown, widow,
dated December 29, 1969 and recorded December 31, 1969 in Deed Book 1144,
at page 657.
29
,~,'~ '''^'''~''''''''",''_'(._ho~~.--.-,.,..
PARCEL EIGHT
(GPIN No. 2413-75-4401-0000)
ALL THAT certain tract of land, with the buildings and improvements thereon,
and the appurtenances thereunto belonging, in Princess Anne Borough, City of
Virginia Beach, State of Virginia (formerly in Seaboard Magisterial District,
Princess Anne County, Virginia), of which J.O. Land died, seized and possessed,
and known as the "H():ME FARM" lying in Seaside Neck in said City, adjoining
the lands now or formerly belonging to Moses and Henry Eaton, S.B. McKenney
and David Simmons and containing 69 acres, more or less.
EXCEPTING THEREFROM, HOWEVER, two (2) parcels of land as follows:
Parcel I: A parcel of land conveyed to Agnes et ux, et als, dated June 3, 1968,
and recorded in Deed Book 1059, at page 521, in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia; reference to said deed being hereby
made for a more particular description and location of said parcel.
Parcel II: A parcel of land conveyed to Agnes W. Cole by deed of Oscar W.
Land, et ux, et als, dated June 3, 1968, and recorded in Deed Book 1059, at page
523, in the Clerk's Office aforesaid; reference to said deed being hereby made for
a more particular description and location of said parcel.
IT BEING the same property conveyed to Oscar W. Land (1/3 Interest), Simon H.
Land (1/3 Interest) and Frank T. Williams (1/3 Interest) by the Last Will and
Testament of Laura E. Flanagan who died testate April 4, 1967 recorded in Will
Book 30, at page 580.
The said Oscar W. Land and Ollie B. Land, his wife, conveyed their 1/3 interest
to Frank T. Williams by deed dated March 28, 1973, and recorded April 5, 1973
in Deed Book 1339, at page 22.
The said Simon H. Land and Ollie B. Land, his wife, conveyed their 1/3 interest
to Norwood C. Land and Etta Mae Land, husband and wife, tenants by the
entirety, by deed dated February 20, 1969 and recorded February 27, 1969 in
Deed Book 1100, at page 94. The said Etta Mae Land died intestate August 2,
1986 and by operation of law, her interest in the property is vested in Norwood C.
Land.
236727v4
30
,. r"'"."""~"''''''''''''''''',__''''''~M......._~_..'~M'' .-
- 51 -
Item V-L.5.
PLANNING
ITEM # 52274
Attorney R. Edward Bourdon, Pembroke One Building, 5th Floor, Phone: 499-8971 requested DEFERRAL
until the City Council Session of March 23, 2004.
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council DEFERRED to March
23, 2004, Ordinances upon application of ALCAR, L.L.C. for a Conditional Change of Zoning and
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ALCAR, L.L. C. FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-10
Ordinance upon Application of ALCAR, L.L. C. for a Chanf!e of Zoninf!
District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R-10 Residential District on the north side of Nimmo Parkway
(unimproved), west of Rocking chair Lane (GPIN 2404573796; 2404564943,'
2404371633). The Comprehensive Plan recommends use of this parcelfor
residential uses at or below 3.5 dwelling units per acre. The Comprehensive
Plan also identifzes the site as a Conservation Area where land-disturbing
activities should be avoided, mitigated or, under certain conditions,
prohibited. DISTRICT 7 - PRINCESS ANNE
ORDINANCE UPON APPLICATION OF ALCAR, L.L.C. FOR A
CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION
Ordinance upon Application of ALCAR, L.L. C. for a Conditional Use Permit
for Open Space Promotion on the north side of Nimmo Parkway
(unimproved), west of Rocking chair Lane (GPIN 2404573796; 2404564943;
2404371633). DISTRICT 7 - PRINCESS ANNE
Voting: 10-0
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
- 52-
Item V-L.5.
PLANNING
ITEM # 52274 (Continued)
Council Lady Wilson DISCLOSED Pursuant to Conflict of lnterests Act ~ 2.2-3115 (H) her husband is a
principal in the accounting firm of Goodman and Company and earns compensation which exceeds
$10,000.00 annually. Goodman and Company provides services to ALCAR, 1.1.C Her husband does not
personally provide services to ALCAR, 1.1. C The City Attorney has advised that although she has a
personal interest in the transaction, because her husband does not personally provide services to ALCAR,
1.1. C., she may participate without restriction in City Council's discussion of, and vote on, the ordinance,
upon disclosure. Council Lady Wilson's letter of October 28,2003, is hereby made a part of the record.
February 24, 2004
r..........-......-. .-.-..
- 53-
Item V-L.6.
PLANNING
ITEM # 52275
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED until the
City Council Session of March 2, 2004, Ordinances upon applications of KENNETH A. HALL for a
Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 TO B-2
Ordinance upon Application of Kenneth A. Hall for a Chanf!e of Zoninf!
District Classificationfrom 1-1 Light Industrial District to B-2 Community
Business District on property located at 3500 Holland Road. The
Comprehensive Plan identifies this site as being within the Primary
Residential Area. (GPINS 14867355190000,' 14867337890000). DISTRICT
3 - ROSE llALL
ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND
SERVICE
Ordinance upon Application of Kenneth A. Hall for a Conditional Use
Permit for motor vehicle sales and service on property located at 3500
Holland Road (GPINS 14867355190000,' 14867337890000). DISTRICT 3
- ROSE HALL
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. OberndorJ: Jim Reeve, Peter 1Y
Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
- 54-
Item V-L. 7.
PLANNING
ITEM # 52276
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon Application of MPW /LKW, L.L. C. for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF MPWILKW, L.L.c. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO
CONDITIONAL 0-1 Z02041179
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MPWILKW, L.L. c. for a Change ofZoninf!
District Classification from R-10 Residential District to Conditional 0-1
Office District on property located at 2005 Pleasure House Road (GPIN
14793673900000). The Comprehensive Plan ident~fies this site as being
within the Primary Residential Area. DISTRICT 4 - BA YSIDE
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with the Clerk of the
Circuit Court
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two
Thousand Four
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter ~V
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
FORM NO. P.S. 18
Cit:v e>f Virgi:r1ia Bea.ch
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. DF-5834
DATE: February 12, 2004
TO:
Leslie L. Lilley _ \J ! \~
B. KaYWils~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
MPWILKW Associates, L.L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 24, 2004. I have reviewed the subject proffer agreement, dated
October 30,2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further .
BKW
Enclosure
--. ._'-'~...,...--_._"'--".' .
MPW /LKW ASSOCIATES, L.L.C., a Virginia limited liability company
MISCHA RAFAL and BEVALAN C. RAFAL, husband and wife
MICHAEL LAWRENCE GEFFEN and ROCHELLE LOIS GEFFEN, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 30th day of October, 2003, by and between
MPW /LKW ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, party
of the first part; MISCHA RAFAL and BEVALAN C. RAFAL, husband and wife, and
MICHAEL LAWRENCE GEFFEN and ROCHELLE LOIS GEFFEN, husband and wife,
together as Grantors and parties of the second part; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of
the third part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain parcel of
property . located in the Bayside District of the City of Virginia Beach, containing
approximately 0.275 acres which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference. Said parcel is herein
referred to as the "Property"; and
WHEREAS, the party of the first part, being the contract purchaser of the
Property has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classification of the Property from R-I0 Residential District to 0-1 Office
District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
PREPARED BY:
m SYnS. ROURDON.
P -~&LlVY.P.C GPIN: 1479-36-7390
1
".,~,.-....,>,.--,.,.....----..-.,"",",
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the Grantor's rezoning application gives
rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its goveming body and without
any element of compulsion or auid pro QUO for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby makes the following declaration of conditions
and restrictions which shall restrict and govem the physical development, operation,
and use of the Property and hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor,
its successors, personal representatives, assigns, grantees, and other successors in
interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & PLAN OF MPW /LKW
ASSOCIATES, L.L.C., 2005 Pleasure House Road, Virginia Beach, Virginia", prepared
PREPARED BY: by MSA, P.C., dated 10/15/03, which has been exhibited to the Virginia Beach City
IU~S, Qq~ON. Council and is on file with the Virgm' ia Beach Department of Planning (hereinafter
l!I. ......N & U:. v I. P.C
"Site Plan").
2
.,.,--._.~~......~---.
2. The architectural design of the office building depicted on the Site Plan
will be as depicted on the exhibit entitled, "PROPOSED OFFICE BUILDING,
MPW jLKW ASSOCIATES, L.L.C.", dated 10-15-03, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning.
3. All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property.
4. Any freestanding sign shall be monument style, no greater than six feet
(6') in height with a brick base matching the brick on the exterior of the Office
Building.
5. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to 0-1 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporatedhere~.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
execu ted by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
PREPARED BY: as evidenced by a certified copy of an ordinance or a resolution adopted by the
II~ ~~.~~ governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
3
..........""..." .-.. '..,........-...........- ....."" ,.,t<
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(I) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the goveming body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for pu blic
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee.
PREPARED BY:
La Sills. ROURDON.
[I } T"1lli & li:VY. P.C
4
PREPARED BY:
g SillS. BOURDON.
I/'. -f).N & IJ:VY. P.C
WITNESS the following signatures and seals:
GRANTOR:
MPW /LKW ASSOCIATES, L.LC.,
a Virginia limited liability company
B~/~~ h;-,~ (SEAL)
Michael Paul Warner, Member
~~~~t-~ (SEAL)
l...oo"" / Linda K. Warner, Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 3rd day of
November, 2003, by Michael Paul Warner and Linda K. Warner, Members of
MPW jLKW Associates, L.L.C., a Virginia limited liability company, Grantor.
A--vi /jlyY)€~kL
Notary Public
My Commission Expires: August 31, 2006
5
" ",.>.."...,-.0"....-,....._ --.--.____.-.-'..
PREPARED BY:
a Sills. YOURDON.
I/.....,..N & llVY. P.C
WITNESS the following signatures and seals:
GRANTORS:
~ J-v"v:.:> l,t k 1\ (fZ~f
Mischa Rafal (
~-d~ q( ~
Bevalan C. Raf /
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
(SEAL)
The foregoing instrument was acknowledged before me this 3rd day of
November, 2003, by Mischa Rafal and Bevalan C. Rafal, husband and wife.
~ //A'
,~4- I{ V n1t:i:ki#
Notary Public
My Commission Expires: August 31,2006
6
PREPARED BY:
IB SYns. ROURDON.
... '<N & IlVY. P.C
WITNESS the following signatures and seals:
GRANTORS:
(SEAL)
xYo~~nAtA~ (SEAL)
STATE OF HAWAII
CITY /COUNTY OF
H6M\U\U
, to-wit:
The foregoing instrument was acknowledged before me this ~\ day of
N ovembcr, 2003, by Michael Geffen and Shelly Geffen, husband and wife.
J>ec.e,w~\o-e..[ I _ -1 - . d f) (J ~ Jl
CJ.t1}1..6 ::;iD::::~liC 6
My Commission Expires:
My Commission Expires
22 AprIl 2005
L5
7
PREPARED BY:
m SYITS. ROURDON.
If 'm & lIVY. P.C
EXHmIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate in the City of Virginia Beach, Virginia, and being known, numbered
and designated as Lot Thirty Seven (37) as shown on the plat entitled, "Subdivision
of a Part of Bradford Terrace, Section No.2", which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book
34, at Page 17. Reference is hereby made to said plat for a more particular
description thereof.
GPIN: 1479-36-7390
CONDREZONE/WARNER/PROFFER
8
- 55 -
Item V-L.B.
PLANNING
ITEM # 52277
Attorney Morris Fine, 2101 Parks Avenue, agreed to additional landscaping
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon Application of JOHN S. WALLER, F.L.P for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF JOHN S. WALLER, F.L.P. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2
OFFICE DISTRICT AND R-5D RESIDENTIAL DUPLEX DISTRICT TO
CONDITIONAL 1-1 Z02041180
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of John S. Waller, F.L.P. for a Chanf!e of
Zoninf! District Classification from 0-2 Office District and R-5D
Residential Duplex District to Conditional 1-1 Light Industrial District on
property located on the southeast corner of Ocean a Boulevard and Virginia
Beach Boulevard. The Comprehensive Plan identifies this site as being
within the Primary Residential Area. (GPINS 2417154801.. -2724,' -0748,,-
2417059729,' -7687,' -7759,' -6848). DISTRICT 6 - BEACII
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two
Thousand Four
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
February 24,2004
-"~~"""""""",,,,",~.~--........--, .,'.
FORM NO. P.S. , B
Cityr of Virgir1ia. Beach
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. DF-5829
DATE: February 12,2004
TO:
Leslie L. L~.l1ey
"
"1
B. Kay W......s .' \
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
John S. Waller Family Limited Partnership
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 24,2004. I have reviewed the subject proffer agreement, dated
October 23,2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
...^-_...""",~.....,aq,.,---.,..-...
This Document Prepared by:
Fine, Fine, Legum & McCracken, LLP
THIS AGREEMENT made this 23rd day of October, 2003 by and between JOHN S.
WALLER F AMIL Y LIMITED PARTNERSHIP, Property Owner, herein referred to as
Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, Grantee, party of the second part.
W I T N E S. S. E T H:
WHEREAS, Property Owner is the owner of certain parcels of property located in the
Oceana District of the City of Virginia Beach, more particularly de~cribed as follows:
See Exhibit "A"
said parcels hereinafter collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from 02 & R-5D to Conditional 1-1; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantor's rezoning application
GPIN 2417-15-4801; 2417-15-2724; 2417-15-0748; 2417-05-9729; 2417-05-7687; 2417-05-
7759 and 2417-05-6848
gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
Grantee, and other successors in title or interest, vohUltarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or Quid
pro QUo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "CONCEPT PLAN 'OCEANA COMMERCE PARK', A JOHN S. WALLER
PROJECT,'V'IRGINIA BEACH, VIRGINIA';, dated October 20,2003 prepared by Gallup Surveyors
& Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Site Plan").
2. When the Property is developed, it shall be landscaped substantially as depicted on the
GPIN 2417-15-4801; 2417-15-2724; 2417-15-0748; 2417-05-9729; 2417-05-7687; 2417-05-
7759 and 2417-05-6848
"...-....--"'-.....---.-".......
exhibit entitled "PROPOSED SITE PLAN, OCEANA COMMERCE PARK, VIRGINIA BEACH,
VIRGINIA", dated September 24, 2003, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning (hereinafter Landscape Plan").
3. When the Property is developed, the elevations shall be as depicted on elevation plan
exhibit entitled "OCEANA COMMERCE PARK, VIRGINIA BEACH, VIRGINIA, JOHN S.
WALLER F.T.P.", dated September 24,2003, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning (hereinafter Elevation Plan").
4. The use of the Property shall be an Office/Warehouse operation as depicted on the
exhibits heretofore exhibited to the Virginia Beach City Council.
5. Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable City Code requirements.
All references hereinabove to the 02 and R-5D Zoning District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement
by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
GPIN 2417-15-4801; 2417-15-2724; 2417-15-0748; 2417-05-9729; 2417-05-7687; 2417-05-
7759 and 2417-05-6848
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that such
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia shail be vested'
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor . shall p.etition the governing body for the review thereof prior to.
instituting proceedings in court; and
GPIN 2417-15-4801; 2417-15-2724; 2417-15-0748; 2417-05-9729; 2417-05-7687; 2417-05-
7759 and 2417-05-6848
( 4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Grantors and the Grantee.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby
certify that John S. Waller, General Partner of the John S. Waller Family Limited Partnership,
whose name is signed to the foregoing instrument dated the 23rd day of October, 2003 did
personally appear before me in my City and State aforesaid and acknowledge the same to me.
f t lkct/"k--
GIVEN under my hand and seal this day ofGetcJber, 2003. '-
a~L-~ t2. /f-r
Notary' Public ," .
My commission expires: September 30,2007
GPIN 2417-15-4801; 2417-15-2724; 2417-15-0748; 2417-05-9729; 2417-05-7687; 2417-05-
7759 and 2417-05-6848
Exhibit "A" to Proffer Agreement
John S. Waller Family Limited Partnership, Grantor
City of Virginia Beach, Grantee
GPIN 2417-15-4801
ALL 'THAT certain lot, piece or parcel of land, located and being iri Oceana Gardens 'of
Lynnhaven Borough in the City of Virginia Beach (formerly Princess Anne County),
Virginia, and being part of Plat 40 of the Plat Oceana Gardens, and more particularly
described as follows:
BEGINNING at a point on the Southern line of State Route 58, commonly known as the
Virginia Beach Boulevard, at its intersection with a dividing line between Plats Forty (40)
and Forty-Six (46) of Ocean a Gardens, and running thence along said dividing line South
70 30 minutes West 237.21 feet to Plat Forty-One (41) of said Oceana Gardens, thence
North 820, 30 minutes West along the dividing line between Plats (40) and Forty (41) 50
feet; thence North 70, 30 minutes East, 237.21 feet to the Southern line of\7irginia Beach
Boulevard 50 feet, to the point of beginning.
IT BEING the same property conveyed to the John S. Waller Family Limited Partnership
by deed dated the 15th day of July, 2003, from South Hampton Roads Habitat for
Humanity, Inc., du1y recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach on September 30, 2003 as Instrwnent No. 200309300157039.
GPIN 2417-15-2724
. .
ALL THA T certain lot, piece or parcel of land, with the buildings and improvements
thereon and the appurtenances thereunto belonging, lying, situate and being in Lynnhaven
Magisterial District, Princess Anne County, Virginia, in Block Forty (40), of "Oceana
Gardens" and more particularly bounded and described as follows, to wit: Beginning at a
point on the southern line of Virginia Beach Blvd., which point is 507.67 feet from the
Southeastern comer of East Lane and Virginia Beach Blvd. And running thence Easterly
along the Southern side of Virginia Beach Blvd. 279.37 feet to a point; thence turning and
running in a Southerly direction and parallel to East Lane 237.21 feet to a point; thence
turning and running in a Westerly direction and parallel to Virginia Beach Blvd. 279.37
feet to a point; thence turning and running in a Northerly direction and parallel to East
Lane 237.21 feet to the point of beginning.
IT BEING the same property conveyed to the John S Waller Family Limited Partnership
by deed dated the 25th day of September, 2002, from Laurence F. Crutsinger and Pamela
G. Yarber, band and wife, duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, on October 2, 2003 as Instrwnent No.
200210023042431.
"-" .,.. ...-...........-.-.-... .
G~I~ 2417-15-.0748
ALL THAT certain lot, piece or parcel of land located and being in the City of Virginia
Beach, Virginia (formerly Princess Anne County, Virginia) and being part of Plot Forty
(40) of the Plat of Ocean a Gardens and more particularly described as follows:
BEGINNING at a point on the southen11ine of Virginia Beach Boulevard 329.33 feet
west of the dividing line between Plot Forty (40) and Plot Forty-Six (46) of Oceana
Gardens; and running thence south 70 30' west 237.21 feet to Plot Forty-one (41), Oceana
Gardens, thence north 82030' west, 50 feet, thence north 70 30' east 88.21 feet; thence
north 82030' west, 50 feet, thence north 7030' east 149 feet to the southern line of said
Virginia Beach Boulevard; thence eastwardly along the southerly line of said Virginia
Beach Boulevard 100 feet to the point of beginning, containing .443 of an acre according
to a plat entitled "Property ofH. H. Hill located in Oceana Gardens" and made by W. B.
Gallup, County Engineer, February 9, 1948, recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, in Map Book 22, at page 17.
IT BEING the same property conveyed to the John S. Waller Family Limited Partnership
by deed dated the 10th day of September, 2003, from Mary H. Smith, duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, on December
1, 2003 as Instrument No. 2003120.1 0 197830.
GPIN 2417-05-9729
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate in the City of Virginia Beach, Virginia, said parcel of land fronting on
Virginia Beach Boulevard a distance of 179.57 feet and running back between parallel
lines in a southerly direction 149 feet and being further designated as "Gleason" on that
certain plat entitled, "PROPERTY OF H. H. HILL LOCATED IN OCEANA
GARDENS, PRINCESS ANNE CO., VA", which said plat is dated Feb. 9, 1948, was
made by W. B. Gallup - COWlty Surveyor, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 22, at Page 17;
reference to said plat being hereby made for a more particular description and location of
said property.
IT BEING the same property conveyed to the John S. Waller Family Limited Partnership
by deed dated the 3rd day of February, 2003 from James Carl Thrash, et aI, duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, on
February 24, 2003, as Instrument No. 200302240026224.
GPIN 2417-05-7687, 2417-05-7759, 2417-05-6848
PARCEL 1:
ALL THA T certain lot, piece or parcel of land, with the buildings and improven1ents
thereon, situated in Oceana Gardens, near Oceana, in Princess Anne County, Virginia,
""'1" ...--.._.~... .
and being a portion of that certain plat of land numbered on the Plat of Oceana Gardens
as Site Forty (40) and more particularly bounded and described as follows:
BEGINNING at the Southeast intersection of East Lane and the State Highway,
commonly known as Virginia Beach Boulevard, as it now exists after the widening of
said East Lane; thence south 7 degrees 30 minutes West 135 feet to a pin; thence South
82 degrees 34 minutes East and parallel with the said Virginia Beach Boulevard a
distance of95 feet, more or less, to a stob; thence North 7 degrees 30 minutes East 135
feet to a stob in the Southern line of Virginia Beach Boulevard; thence North 82 degrees
34 minutes West 95 feet, more or less, to the Southeastern intersection of said Virginia
Beach Boulevard and East Lane as it now exists, to the point of beginning.
Parcel 2:
ALL THA T certain lot, piece or parcel of land, with the buildings and improvements
thereon, situated at Oceana of Ocean a Gardens, Lynnhaven Borough of the City of
Virginia Beach, Virginia, and being a portion of a certain plot of land numbered on the
said plat of Oceana Gardens as Plot nwnber Forty (40) and being more particularly
bounded and described as follows:
BEGINNING at a point on the southern line (as now exists) of the State Highway,
commonly known as Virginia Beach Boulevard, 100' East of the Southeastern
intersection of the said Boulevard and East Lane and running thence South 70 3 0' West
135' and parallel with East Lane; thence South 820 34' West along the Southern line of
said Boulevard 128.10' to a point; thence North 090 30' East 135' to a point; thence North
820 34' west 128.10' to the point of beginning. (The above property was inadequately
described in prior deeds of record and it is the intention of the parties hereto to clarify
same).
Less and except that certain parcel of land which was conveyed to the City of Virginia
Beach, Virginia' and was duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 2199, at Page 1749.
Less and except that certain 15 feet along the western boundary line of Parcel 1 and that 5
feet along the northern boundaries of Parcels 1 and 2 to be dedicated to the City of
Virginia Beach for road purposes by Herbert A. Culpepper and Carolyn A. Culpepper,
husband and wife.
Parcel 3:
ALL THA T certain plot of land, with the buildings and improvements thereon,
containing one (1) acre, at Oceana, City of Virginia Beach, Virginia, being a portion of a
certain plot of land numbered on the Plat of Ocean a Gardens as Forty (40), and more
particularly bounded and described as follows:
BEGINNING at a pin on the east side of East Lane, said pin being distant South 7
degrees 30 minutes West One Hundred thirty-five (135) feet along the East side of said
lane from the Southern line of Virginia Beach Boulevard as widened to a width of eighty
(80) feet; thenc~ along,the East sidt:? of East Lane South 7 degrees 39 minutes .\yest qne
Hundred Two and Twenty-One Hundredths (102.21) feet to the line of property of one
Hiteshew; thence along said Hiteshew's line South 82 degrees 34 minutes East Four
Hundred Fifty-Seven and Sixty-seven Hundredths (457.67) feet to a pin; thence along the
line of property owned by Pernella B. Gleason North 7 degrees 30 minutes East Eighty-
eight and Twenty-one Hundredths (88.21) feet; thence along the line of property owned
by Pernella B. Gleason North 82 degrees 34 minutes West Two Hundred Twenty-nine
and Fifty-seven Hundredths (229.57) feet; thence North 7 degrees 30 minutes East
Fourteen (14) feet to a pin; thence North 82 degrees 34 minutes West Two Hundred
Twenty-eight and Ten Hundredths (228.10) feet to East Lane, the point of beginning.
IT BEING the same property conveyed to the John S. Waller Family Limited Partnership
by deed dated the 7th day of March, 2003 from Novella Properties, Inc., duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, on March
13,2003, as Instrument No. 200303130039583.
- 56-
Item V-M.l.
APPOINTMENTS
ITEM # 52278
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS - (a)Plumbing/Mechanical
(b)Building Maintance
COMMUNITY POLICY and MANAGEMENT TEAM-CSA AT-RISK YOlJTH
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE-HREDA
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
MINORITY BUSINESS COUNCIL
OPEN SPACE COMMITTEE
PARKS and RECREATION COMMISSION
PLANNING COUNCIL
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
February 24, 2004
- 57-
Item V-O.l.
NEW BUSINESS
ABSTRACT OF VOTES
ITEM # 52279
BY CONSENSUS, the City Clerk will RECORD:
ABSTRACT OF VOTES
DEMOCRATIC PRESIDENTIAL PRIMARY February 10,2004
.... ""7 "'" .",. ...,....~ "..
February 24, 2004
ABSTRACT OF VOTES
cast in the City of Virginia Beach , Virginia,
t the February 10, 2004 Democratic Presidential Primary Election for:
PRESIDENT
NAMES OF CANDIDATES AS SHOWN ON BALLOT
TOTAL VOlES
RSCEIVED
(IN RGURES)
AL SHARPTO N . . . . . . . .
757
................
JO HN F. KERRY . . . · · . . . · · · . · · · · · · · · . · ·
9766
WESLEY K. CLARK . . . . . · · . · · · · · · · · · · · · ·
2329
HOW A R 0 "D EA N . . . . . · . · · · · · . · · · · · · · · · ·
1021
JOE LIEBERMAN . . . . . · · . · . · . . · · · · · · · · · .
177
JOHN EDWARDS ....... - · · · . · · · · · · · · · ·
5526
DENNIS J. KUCINICH ...................
179
DICK GEPHARDT ......................
31
LYNDON H. LaROUCHE, JR.
..............
84
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on February 10, 2004, do hereby certify that the above is a true and correct Abstract of Votes
cast at said Democratic Presidential Primary.
0J~'\
Q
Chairman
Given under our hands this 11 th
A copy teste:
Vice Chairman
./ ~ -4'- ~-J.L< J . . SecretaI)'
A.L.~ .. /"?-, "~
_~ -... -} J./. "-1~-< .Lj . Secretai}', Electoral Boaid
,. -~"~--"-"'
- 58-
Item V-Po
ADJOURNMENT
ITEM # 52280
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8: 15 P.M.
_Q~___{!~_x~:,_~
Beverly O. Hooks, CMC
Chief Deputy City Clerk
,'~/ ~---
Cd - ~~--
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 24, 2004
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